Chapter 2
THE SEJM AND THE SENATE
Article 3
1. The Sejm shall be composed of 460 Deputies chosen by secret ballot in general, equal, direct and proportional elections.
2. The Senate shall be composed of 100 Senators chosen by voivodeship 1) for the term of the Sejm, by secret ballot, in free, general and direct elections.
Article 4
1. The term of the Sejm shall be 4 years.
2. The term of the Sejm shall begin on the day of the first sitting and shall continue until the assembly of Deputies at the first sitting of the succeeding Sejm's term of office.
3. The President of the Republic of Poland shall order the elections to the Sejm and the Senate to be held on a day which is not a day of work and which shall be within the month prior to expiry of the current term of office.
4. The Sejm may be dissolved by its own resolution carried by a two-thirds majority vote of the number of Deputies required by law.
5. The President may, in cases specified by this Act and after consultation with the Marshal of the Sejm and the Marshal of the Senate, dissolve the Sejm.
6. From the day of the dissolution of the Sejm by its own resolution or by the order of the President, the Sejm, may not adopt any amendment to constitutional acts. electoral laws. nor statutes amending the Budget nor statutes which involve significant financial consequences for the State Budget.
7. In the event of dissolution of the Sejm, the provisions of para. 2 shall apply. Dissolution of the Sejm shall mean also the simultaneous dissolution of the Senate.
8. The President shall order the elections to the Sejm and Senate to be held on a day which is not a day of work and which shall be no sooner than 2 months and no later than 3 months after the day of proclamation of the resolution of the Sejm, or of the order of the President, requiring a dissolution of the Sejm.
Article 5
The validity of elections or any complaint laid against the validity of the election of a Deputy shall be adjudicated upon by the Supreme Court.
Article 6
A Deputy shall be a representative of the whole Nation. He 2) shall not be bound by any instruction of the electorate nor shall he be subject to recall.
Article 7
1. A Deputy shall not be held accountable for his activities resulting from the exercise of his mandate within the period of such mandate or after its expiry, unless he has violated the personal rights of other persons.
2. A Deputy shall be neither criminally liable, nor arrested nor detained without the authorization of the Sejm given by a two-thirds majority vote in the presence of at least half of the total number of Deputies.
Article 8
The office of a Deputy shall not be held jointly with the office of a Senator, nor with any of the following offices: a judge of the Constitutional Tribunal, a judge of the Tribunal of State, the President of the National Bank of Poland, the Commissioner for Citizens' Rights, the President of the Supreme Chamber of Control, an ambassador or a voivode.
Article 9
1. The Sejm shall conduct debates during sittings.
2. The first sitting of the newly elected Sejm shall be summoned by the President within 30 days following its election.
Article 10
1. The Sejm shall elect from amongst its members a Marshal, Deputy Marshals and members of Committees.
2. The Marshal and Deputy Marshals shall constitute the Presidium of the Sejm. The Presidium shall summon sittings of the Sejm and shall supervise its activities.
3. Repealed.
Article 11
The Sejm may appoint a Committee in order to examine a particular matter, which shall, under the procedure specified in the Code of Criminal Procedure, have the right to conduct examinations of persons summoned by it.
Article 12
1. The debates of the Sejm shall be open to the public. The Sejm may resolve by an absolute majority vote upon the holding of a debate in secret should this be required in the interests of the State.
2. The Prime Minister, members of the Council of Ministers, as well as Ministers of State may address a sitting of the Sejm regardless of the order of speakers during the session, at any time they wish to do so.
Article 13
The Sejm shall pass statutes by majority vote, requiring the presence of at least half of the total number of Deputies, unless constitutional statutes provide otherwise. The same procedure shall be applied by the Sejm in the adoption of other resolutions, unless the provisions of statutes and resolutions of the Sejm provide otherwise.
Article 14
The detailed organization and procedure of the work of the Sejm shall be defined by Rules of Procedure adopted by the Sejm.
Article 15
1. The right to introduce legislation shall belong to Deputies, to the Senate, to the President and to the Council of Ministers.
2. The Council of Ministers, upon introducing a bill, shall indicate the financial consequences of the bill and shall enclose drafts of basic acts designed to effect its implementation.
3. The right to propose amendments to bills during their consideration by the Sejm shall belong to the person who has introduced the bill, to Deputies and to the Council of Ministers. The Marshal of the Sejm, by his own initiative or upon a motion of the Council of Ministers, may refuse to order a vote upon an amendment which has not previously been referred to the relevant Committee.
4. The person who has introduced a bill may, during the course of its consideration, withdraw it at any time prior to the conclusion of the first reading of the bill. In the event of withdrawal of a bill, the Sejm shall decide on further procedure with respect to it.
Article 16
1. The Council of Ministers may, in well-founded instances, declare a bill introduced by itself as urgent, with the exception of drafts of constitutional acts, the draft Budget, tax bills, bills governing elections to the Presidency of the Republic of Poland, to the Sejm, to the Senate and to local government organs, bills governing the structure, jurisdiction and procedures of State and local government organs; and also drafts of law codes.
2. The Rules of Procedure of the Sejm shall define the modifications in the legislative procedure when a bill is declared urgent.
3. The Marshal of the Sejm shall refuse to order a vote upon an amendment related to an urgent bill, which has not been previously referred to the relevant Committee.
4. The periods, concerning the procedure applicable to an urgent bill, specified in Article 17, para. 2 and Article 18, para. 2, shall be reduced to 7 days.
Article 17
1. A statute adopted by the Sejm shall be submitted to the Senate by the Marshal of
the Sejm.
2. The Senate may. within 30 days, adopt a statute, introduce amendments to its text or reject it. If, within the period of 30 days following the submission of the statute, the Senate fails to adopt an appropriate resolution, the statute shall be considered passed.
3. Any amendments by the Senate, imposing a burden upon the State Budget, shall be required to indicate a source of finance therefor.
4. A resolution of the Senate rejecting a statute, or an amendment proposed by a resolution of the Senate, shall be considered accepted unless the Sejm rejects it by an absolute majority vote.
Article 18
1. A statute adopted by the Sejm and the Senate shall be submitted by the Marshal of the Sejm to the President for signature.
2. The President shall sign a statute within 30 days and - in the case of a draft budget - within 20 days, following its submission and shall order its promulgation in the Journal of Laws of the Republic of Poland [Dziennik Ustaw Rzeczypospolitej Polskiej}.
3. The President may refuse to sign a statute and refer it to the Sejm for its reconsideration, giving reasons therefor. If the said statute is repassed by the Sejm. by a two-thirds majority vote, the President shall, within 7 days, sign the statute and shall order its promulgation in the Journal of Laws of the Republic of Poland [Dziennik Ustaw Rzeczypospolitej Polskiej], unless he refers it to the Constitutional Tribunal
according to para. 4.
4. The President may, before signing a statute, refer it to the Constitutional Tribunal for an adjudication upon its conformity to the Constitution. The reference by the President to the Constitutional Tribunal shall suspend the time allowed for signing a statute. The President cannot refuse to sign a statute which has been judged, by the Constitutional Tribunal, as conforming to the Constitution.
Article 19
1. A referendum may be held in cases of particular interest to the State.
2. The right to order a referendum shall belong to:
1) the Sejm, by its own resolution, carried by an absolute majority vote, or,
2) the President, with the consent of the Senate, passed by an absolute majority vote.
3. The result of a referendum shall be binding when more than a half of the total number of persons eligible to vote have taken part in it.
4. The principles and the methods of holding a referendum shall be established by statute.
Article 20
The revenues and expenditures of the State for a calendar year shall be specified in the Budget. In particular cases, the revenues and expenditures for a period shorter than a year may be specified in an interim budget.
Article 21
1. The Council of Ministers shall be obliged to submit to the Sejm a draft Budget in sufficient time to allow for its adoption before the beginning of a fiscal year, and, in particular cases, before the end of the first quarter of a year. The said time period and the requirements for a draft budget shall be established by statute.
2. Within a period of 20 days following the submission of the Budget passed by the Sejm, the Senate may resolve upon adopting it or introducing amendments thereto.
3. The Council of Ministers shall, in the event of a failure to pass a Budget or an interim Budget, conduct its finances pursuant to the draft Budget.
4. If. within a period of three months following the submission of a draft fulfilling the requirements of budgetary law, the Budget has not been passed by the Sejm and referred to the Senate, the President may dissolve the Sejm within 21 days following expiry of the time-limit for submission to the Senate of the Budget passed by the Sejm.
Article 22
1. The Council of Ministers shall be obliged to submit to the Sejm a report upon the implementation of the Budget and reports on the implementation of other financial plans of the State adopted by the Sejm within a period of 6 months following the end of a fiscal year.
2. The Sejm shall perform an assessment of the implementation of the Budget and other financial plans of the State within a period of 2 months following the receipt of the report and shall resolve upon the granting of approval to the Council of Ministers, after receiving the opinion of the Supreme Chamber of Control, presented by its President.
3. In the event of such approval not being given, the Council of Ministers shall resign.
Article 23
1. Upon application by the Council of Ministers, with reasons given, the Sejm may by statute, affirmed by an absolute majority vote, authorize the Council to issue regulations which shall have the force of statute.
2. The statute authorizing the Council of Ministers to issue regulations having the force of statute shall specify the subject of such regulations and the time period during which the authorization shall be in force.
3. Whilst the statute granting authorization to the Council of Ministers to issue regulations which have the force of statute is in effect, the right to introduce statutes within the scope mentioned in para. 2 shall belong exclusively to the Council of Ministers.
4. The statute shall not authorize the Council of Ministers to issue regulations which have the force of statute concerning: changes to the Constitution, election of a President, election of the Sejm. the Senate and local self-government organs, the State Budget, personal freedoms and rights of citizens, their political freedoms and rights, as well as rights and duties resulting from employment contracts and social security insurance, and also any consent to the ratification of international agreements mentioned in Article 33, para. 2 of this Act.
5. The President shall sign a regulation which has the force of statute, submitted to him by the Council of Ministers, and shall order its promulgation in the Journal of Laws of the Republic of Poland [Dziennik Ustaw Rzeczypospolitej Polskiej}.
6. The President may, before signing such regulation having the force of statute, refer it to the Constitutional Tribunal for an adjudication upon its conformity to the Constitution.
7. The President may refuse to sign a regulation which has the force of statute and shall return it to the Council of Ministers within a period of 14 days. A regulation which has the force of statute, returned by the President, may be introduced to the Sejm by the Council of Ministers, in the form of a bill.
Article 24
1. The Sejm may declare a state of war only upon a military attack launched against the Republic of Poland, or in the event that an international agreement imposes an obligation of joint defence against an act of aggression. In cases when the Sejm is not in session, a state of war may be declared by the President.
2. The terms, legal effects and the mode of implementation of such a declaration of a state of war shall be established by statute.
Article 25
1. A Deputy may address an interpellation or a question to the Prime Minister or to an individual member of the Council of Ministers.
2. An interpellation shall be submitted in writing and shall be answered within a period of 21 days. If the interpellator is not satisfied with the response, he may move to the Marshal of the Sejm for an additional answer and may request that it be given at a sitting of the Sejm.
3. Questions shall be submitted orally, during each sitting of the Sejm, to be answered immediately.
4. Detailed principles of submitting interpellations and questions, and the method of answering them shall be defined by the Standing Orders of the Sejm.
Article 26
Articles 5-10 and Articles 12 - 14 shall apply, respectively, to the Senate and Senators.
Article 27
In cases specified in the Constitutional Act. the Sejm and the Senate sitting jointly, presided over by the Marshal of Sejm, shall constitute the National Assembly.