Article 1

This Act shall determine the procedures for exercise of the legislative initiative by citizens, referred to in Article 118 para. 2 of the Constitution of the Republic of Poland.

Article 2

A group of Polish citizens of no less than 100,000 persons, each having the right to vote in elections to the Sejm, may initiate a bill by signing it.

Article 3

The bill may not relate to matters which, according to the Constitution of the Republic of Poland, fall within the exclusive competence of other subjects authorised to introduce legislative initiatives.

Article 4

1. A bill submitted to the Marshal of the Sejm shall satisfy the requirements specified in the Constitution and the Standing Orders of the Sejm of the Republic of Poland, and in this Act.

2. The submission of a bill shall not prevent submission of another bill, also by a group of citizens, in relation to the same matter.

3. A bill which has not completed its legislative course within the term of office of the Sejm in which it was submitted shall be considered by the Sejm of the succeeding term without having to be re-submitted. In such case, the Marshal of the Sejm shall order the bill to be reprinted and delivered to the Deputies.

Article 5

1. Activities relating to preparation of a bill, its public dissemination, promotional campaigns, as well as the organizing of collection of signatures of the citizens supporting the bill shall be undertaken by a legislative initiative committee, hereafter referred to as “the Committee”. The Committee’s name shall consist of the word “Committee” and the title of the bill.

2. A Committee may be established by a group of no less than 15 Polish citizens having the right to vote in elections to the Sejm and who have submitted a written declaration of joining the Committee, and have given their forename(s), surname, address of place of residence and PESEL identification number.

3. A Committee’s agent or deputy, named in the written declaration of the first 15 Committee members, shall act on behalf of and for the Committee.

4. A Committee shall have legal personality acquired at the moment the Marshal of the Sejm accepts the notification referred to in Article 6 para. 2.

Article 6

1. Having collected, as required by the provisions of Article 9 para. 2, one thousand (1,000) signatures of citizens supporting the bill, the Committee’s agent shall notify the Marshal of the Sejm of the establishment of the Committee. The signatures referred to in the first sentence shall constitute part of the required 100,000 signatures of persons supporting a bill.

2. The notification shall contain:

1) full name of the Committee and the exact address of its seat,

2) the data referred to in Article 5 para. 2,

3) the following data: the forename(s), surname, address of place of residence and PESEL identification number of the Committee’s agent and deputy.

3. A bill satisfying the requirements referred to in Article 4 para.1, together with a list of 1,000 signatures of citizens supporting it, shall be attached to the notification.

4. If the notification satisfies the requirements specified in paras. 2 and 3, the Marshal of the Sejm shall decide, within 14 days of its delivery, whether to accept it. The decision on acceptance shall be immediately delivered to the Committee’s agent.

5. In the case of formal defects in the notification, the Marshal of the Sejm shall call upon the Committee’s agent, no latter than within 14 days of receipt of the notification, to rectify the defects within 14 days. A failure to rectify the defects shall result in a refusal to accept the notification. The Marshal of the Sejm’s reasoned decision to refuse to accept a notification may be subject to appeal to the Supreme Court within 14 days of its delivery. The Supreme Court, in a bench of 7 judges, shall consider the appeal in non-litigious proceedings within 30 days. There shall be no legal remedy in respect of the judgment of the Supreme Court.

Article 7

1. Upon receipt of the decision referred to in Article 6 para. 4, or judgment of the Supreme Court allowing the appeal, the Committee shall announce in a daily newspaper with nation-wide circulation the fact of its acquisition of legal personality, its address, and address of the place where the bill will be available for public inspection.

2. The contents of the bill referred to in Article 10 para.1 may not be altered between the day the Marshal of the Sejm accepts the notification referred to in Article 6 para.4, or the day of receipt by the Committee of the judgment of the Supreme Court allowing the appeal referred to in Article 6 para. 5, and the day the bill is submitted.

Article 8

1. The promotional campaign shall allow the Committee to present and explain the contents of the bill - the subject matter of the legislative initiative.

2. The promotional campaign on behalf of the bill and the collection of signatures of the citizens supporting it may begin after the announcement referred to Article 7 para. 1.

3. The promotional campaign and collection of signatures shall be subject to the relevant provisions of the Act of 28th of May 1993 on Elections to the Sejm of the Republic of Poland (Dz. U. No. 45, item 205, of 1995 No. 132, item 640, of 1997 No. 47 item 297, No. 70 item 443, No. 88 item 554, No. 98 item 604, No. 121 item 770, and No. 141 item 943, and of 1999 No. 49 item 483), Articles 142 - 148 excepted, defining the principles for carrying out an electoral campaign.

Article 9

1. The bill must be available for inspection at the places where citizens’ signatures are being collected.

2. A citizen shall give his support to the bill by personally inscribing his signature on the list, next to his forename(s), surname, address of place of residence and PESEL identification number. Each page of the list must bear the name of the Committee and the title of the bill being supported by the citizen.

3. Withdrawal of support given to the bill shall be ineffective.

4. The design of the list referred to in para. 2 shall be determined by the Prime Minister, by way of regulation, after seeking the opinion of the National Electoral Commission.

Article 10

1. The Committee’s agent shall submit the bill to the Marshal of the Sejm, together with the list of signatures of the citizens supporting it.

2. The bill, together with the list of signatures of the citizens supporting it, cannot be submitted to the Marshal of the Sejm more than 3 months after the date of the Marshal of the Sejm's decision to accept the notification of establishment of the Committee, or more than 3 months after the date of the judgment of the Supreme Court referred to in Article 7 para. 1.

3. If the bill has been submitted in accordance with the provisions of Article 7 para. 2, Article 9 para. 2 and Article 10 para. 2, the Marshal of the Sejm shall refer the bill to the Sejm for a first reading and notify the Committee’s agent of the fact.

Article 11

1. If it is established that the contents of the bill or its justification have been altered, the Marshal of the Sejm shall refuse to accept it, by way of a decision, within 14 days of the bill's submission.

2. The Committee shall have the right to appeal to the Supreme Court against the Marshal of the Sejm’s reasoned decision. The provisions of Article 6 para. 5 shall apply as appropriate.

Article 12

1. In the case of reasonable doubts as to whether the required number of citizens’ signatures has been obtained in the manner specified in Article 9 para. 2, the Marshal of the Sejm shall apply to the National Electoral Commission within 14 days of the date of submission of the bill, for a determination whether the required number of signatures has been collected. The National Electoral Commission shall have 21 days in which to perform such task. The Committee’s agent may participate as an observer in the proceedings before the National Electoral Commission.

2. If, as a result of the proceedings referred to in para.1, it is established that the number of correctly obtained signatures submitted is less than that required by the Act, the Marshal of the Sejm shall refuse to submit the bill to the legislative procedure. The Marshal’s decision in such matter, together with reasons given, shall be immediately delivered to the Committee’s agent.

3. The decision referred to in para. 2 may be appealed to the Supreme Court by the Committee’s agent. The provisions of Article 6 para. 5 shall apply as appropriate.

Article 13

The first reading of the bill at a sitting of the Sejm shall take place within 3 months of the date the bill was submitted to the Marshal of the Sejm, or of the date of any judgment of the Supreme Court declaring that the number of signatures in support of the bill had been obtained in a correct manner. In the case specified in Article 4 para. 3, the first reading shall take place no later than within 6 months of the date of the first sitting of the Sejm.

Article 14

1. In work on the bill, the Committee shall be represented by a representative, or a person authorized to deputize for him appointed in the manner specified in Article 5 para. 3 and Article 6 para. 2 subpara. 3.

2. The representative shall have the right to participate in the work of the Sejm and Senate in the manner, and according to the principles, specified in the Standing Orders of the Sejm and Senate, respectively.

Article 15. 1. Expenses connected with the exercise of a legislative initiative by citizens shall be borne by the Committee.

2. The Committee may organise public collections of funds for purposes connected with the exercise of the legislative initiative by citizens, according to the principles and procedures specified in the provisions of the Act of March 15th, 1993 on Public Collections (Dz. U. 22 item 162, of 1948 No. 36 item 250, of 1971 No. 12 item 115, of 1989 No. 29 Item 154, of 1990 No. 34 item 198 and of 1998 No. 106 item 668).

3. Permission shall not be required for organisation of a public collection.

Article 16

1. For the purposes referred to in Article 15 para. 1, a Committee may not receive financial support from:

1) the state budget,

2) state organisational units,

3) budget of local government units, associations of communes, or other municipal legal persons,

4) state enterprises, businesses with the participation of the State Treasury or local government units or associations of communes or other municipal legal persons.

2. The prohibition referred to in para. 1 shall also apply to financial support from :

1) natural persons who do not reside within the territory of the Republic of Poland, excepting Polish citizens residing abroad,

2) foreigners residing within the territory of the Republic of Poland,

3) legal persons that do not have a seat within the territory of the Republic of Poland,

4) other entities with the right to enter into obligations and to acquire rights in their own name, and which do not have a seat within the territory of the Republic of Poland,

5) legal persons with the participation of foreign subjects,

6) foreign diplomatic missions, consular posts, special missions and international organisations, and other foreign representations with diplomatic and consular privileges and immunity granted on the basis of agreements, acts or generally observed international custom.

3. The provisions of paras. 1 and 2 shall also apply to non-pecuniary assets.

Article 17

1. The financing of the exercise of a legislative initiative by citizens shall be transparent.

2. The Committee’s agent shall be obliged to present a financial report concerning the sources of funds received for the purposes of the legislative initiative to the minister competent for matters of public finances within 3 months of the day of submission to the Marshal of the Sejm of a bill referred to in Article 10 para. 1, or of a judgment of the Supreme Court referred to in Article 12 para. 3, and, where a Committee is dissolved before that time, within 3 months of the day of such dissolution.

3. The design of the financial report and detailed scope of the information to be included in it, shall be specified by way of regulation, by the minister competent for matters of public finances.

4. The Committee’s agent shall publish the financial report in a daily newspaper of nation-wide circulation within the time period referred to in para. 2.

5. The Committee’s agent shall be obliged to keep documents connected with the financing of the exercise of the legislative initiative for a period of 12 months from the date of publication of the financial report.

6. If the funds acquired by the Committee for the purpose of the legislative initiative exceed the costs incurred, the Committee’s agent shall transfer the surplus amount to a charitable institution. The information on such transfer of a surplus shall be included in the financial report.

Article 18

1. The Committee shall be dissolved within 3 months of the date of:

1) the completion of the legislative proceedings,

2) a decision by the Marshal of the Sejm to refuse to submit the the bill to legislative procedures, or a judgment of the Supreme Court to rejecting an appeal against a decision to refuse to submit the bill to legislative procedures,

3) expiry of the time limit referred to in Article 10 para. 2 without occurrence of the act required.

2. In other cases, the Committee shall be dissolved within 3 months of expiry of the time limit referred to in Article 17 para. 2.

Article 19

Whoever, by violence, illegal threat, or deceit, obstructs the exercise of a legislative initiative by the citizens, or, by abuse of superior position, influences its execution

- shall be subject to punishment of deprivation of liberty for a period ranging from 3 months to 5 years.

Article 20

Whoever:

1) fails to discharge his obligation to publish the financial report referred to in Article 17 para. 2, or declares false data in the report,

2) fails to discharge his obligation to keep documents relating to financing of the exercise of a legislative initiative referred to in Article 17 para. 5,

3) fails to transfer the excess funds referred to in Article 17 para. 6 to a charitable institution,

- shall be subject to punishment by a fine, or limitation of liberty, or deprivation of liberty for up to 3 years.

Article 21

This Act shall enter into force 30 days after its promulgation.