President of the Republic of Poland

PRESIDENT OF THE REPUBLIC OF POLAND – a monocratic body of the state (the so-called head of state), one of two elements of the executive branch (next to the → Council of Ministers). Established by the March Constitution of 1921, abolished in years 1952-1989, restored under the April Novelization of 1989. Between 1939 and 1990 the Pres. operated in exile in London. In December 1990 the insignia of power of the Pres. of the Second Republic of Poland were handed over to Lech Wałęsa, the first Pres. chosen in general elections. The mode of selection of the Pres. of the Republic of Poland was diverse – the president was elected by: the National Assembly (the Sejm and Senate) in 1922, 1926 and 1933; electoral college (this mode was not used); the Sejm of the Republic of Poland in 1947; again by the National Assembly in 1989; in the general elections since November 1990. Since 1990 the Pres. is elected by the nation in universal, equal and direct elections, conducted by secret ballot. Only a Polish citizen who, no later than the day of the elections, has attained 35 years of age and has a full electoral franchise in elections to the Sejm, may be elected president. The candidate can be proposed by at least 100,000 citizens having the right to vote in elections to the Sejm. The candidate who has received more than half of the valid votes is considered elected president; if none of the candidates has received the required majority of votes, then a repeat ballot is held on the 14th day after the first vote with two leading candidates. The Pres. serves a 5-year term of office commencing on the day of oath in the presence of the National Assembly. The Pres. may be re-elected only for one more term. The Pres. of the Republic of Poland is equipped with the following competences: with respect to the Sejm and Senate (summoning the first sitting of the chambers of parliament, proclaiming election dates, shortening the term of office of the Sejm and Senate in instances specified in the Constitution, right to introduce legislation, right to return the bill to the parliament for reconsideration); in relation to the Council of Ministers (right to participate in government meetings, convene the Cabinet Council, appoint the Council of Ministers, dismiss the Council of Ministers in certain constitutional situations, dismiss a minister after the Sejm has passed a vote of no confidence or at the Prime Minister’s request); in relation to the judiciary (appointment of judges, the First President of the Supreme Court, the President and Vice-President of the Constitutional Tribunal, the President of the Supreme Administrative Court). The Pres. appoints members of the Council of Monetary Policy, members of the National Security Council, two members of the National Council of Radio Broadcasting and Television. The Pres. submits to the Sejm an application for the appointment of the President of the National Bank of Poland. He establishes the statute of the Presidential Chancellery and appoints its Chief. The Pres. of the Republic of Poland issues orders and ordinances on constitutional principles. He also has discretionary powers – the law of grace, the appointment of university professors, granting Polish citizenship, awarding orders and decorations, promotion to the highest rank in uniformed services (police, army, etc.). The Pres. is a representative of the state in foreign affairs, he ratifies and denounces international agreements, of which he notifies the Sejm and Senate. Before ratifying an international agreement, he may refer to the Constitutional Tribunal to determine its constitutionality. In the field of foreign policy, the Pres. of the Republic of Poland cooperates with the Council of Ministers (the Prime Minister and appropriate minister). He appoints and recalls plenipotentiary representatives of the Republic of Poland in other countries and at international organisations. He receives the Letters of Credence and recall diplomatic representatives of other states and international organisations accredited to him. The Pres. is the supreme commander of the Polish Armed Forces. During the time of peace, the Pres. of the Republic of Poland exercises command over the armed forces through the Minister of National Defence. He appoints the Chief of the General Staff, commanders of branches of the Armed Forces for a specific period of time. For the period of war, the Pres. acting at the request of the Prime Minister appoints the Commander-in-Chief of the Armed Forces. The Marshal of the Sejm performs the duties of the head of state in the following circumstances: 1. death of the Pres.; 2. the President’s resignation from office; 3. declaration of the invalidity of the election to the Pres. or other reasons for not assuming office following the election; 4. a declaration by the National Assembly of the President’s permanent incapacity to exercise his duties. The Pres. is not politically accountable, he can only be held accountable for an infringement of the Constitution or statutes. The resolution requires a majority of 2/3 of votes of the statutory number of members of the National Assembly, and the indictment is brought before the Tribunal of State for an infringement of the Constitution or statute. The Pres. may also be held accountable before the Tribunal of State for committing an offence. [J. Wojnicki]

Literature: J. Ciapała, Prezydent w systemie ustrojowym Polski (1989–1997) [President in the political system of Poland (1989-1997)], Warszawa 1999 ■ P. Sarnecki, Prezydent Rzeczypospolitej Polskiej: komentarz do przepisów [President of the Republic of Poland: commentary on the regulations], Kraków 2000 ■ T. Słomka, Prezydent Rzeczypospolitej po 1989 roku: ujęcie porównawcze [President of the Republic of Poland after 1989: a comparative approach], Warszawa 2005.