Chapter 3
THE PRESIDENT OF THE REPUBLIC OF POLAND
Article 28
1. The President of the Republic of Poland shall be the supreme representative of the Polish State in internal and international relations.
2. The President shall ensure observance of the Constitution, safeguard the sovereignty and security of the State, the inviolability and integrity of its territory, as well as upholding international treaties.
Article 29
1. The President shall be elected by the Nation.
2. The President shall be elected, by secret ballot, in general, equal and direct elections by an absolute majority of valid votes.
3. If no candidate has gained an absolute majority, a second ballot shall be held on the fourteenth day following the first ballot. The two candidates who have gained, sequentially, the largest number of votes in the first ballot, and have not withdrawn their candidature, shall take part in the second ballot. The person who gains the largest number of valid votes shall be considered elected.
4. The President shall be elected for a term of five years, and may be reelected President only for one more term.
5. Only a person who is a citizen of the Republic of Poland, holding a full electoral franchise and who has attained the age of 35 years, may be elected President.
6. The term of office of the President shall commence on the date of his inauguration.
7. The election of the President shall be ordered by the Marshal of the Sejm no sooner than 4 months and no later than 3 months before the expiry of the term of office of the serving President, or within 14 days after the office comes vacant, specifying the date of the election which shall be on a day no later than 2 months following the day of his order. The election shall be held on a day which is not a day of work.
Article 30
1. The President shall succeed to office upon making the following oath in the presence of the National Assembly:
"Assuming, by the will of the Nation, the office of the President of the Republic of Poland, I do solemnly swear to be faithful to the provisions of the Constitution; I pledge that I will steadfastly guard the dignity of the Nation, the independence and security of the State, and also that the good of the Homeland and the prosperity of its citizens shall forever remain my supreme obligation."
The oath may be also made with the additional words "So help me. God."
2. Accession to office by a President elected before expiry of the term of the outgoing President shall follow on the next day after expiry of the serving President's term.
Article 31
The President shall hold no other office and shall be neither a Deputy nor a Senator.
Article 32
1. The President shall exercise general supervision in the field of international relations.
2. The President shall appoint and recall the plenipotentiary representatives of the Republic of Poland to foreign countries and shall receive the Letters of Credence and recall of foreign diplomatic representatives accredited to him.
3. Relations with foreign states, as well as with Polish diplomatic representatives abroad, shall be maintained through the appropriate minister dealing with foreign affairs.
Article 33
1. The President shall ratify and denounce international treaties, and shall notify the
Sejm and the Senate thereof.
2. Ratification and denunciation of international treaties relating to the borders of the State, to defensive alliances and to treaties which would burden the State with financial liabilities, or which would involve changes in legislation, shall require authorization by statute.
Article 34
The President shall exercise general supervision with respect to the external and internal security of the State. The advisory organ to the President in connection with such matters shall be the National Security Council.
Article 35
1. The President shall be the Supreme Commander of the Armed Forces of the Republic of Poland.
2. The President, in agreement with the Minister of National Defence, shall appoint and dismiss the Chief of the General Staff of the Polish Army, and. on the motion of the Minister of National Defence, shall appoint and dismiss deputy chiefs of the General Staff, commanders of branches of the Armed Forces and commanders of military districts.
3. The President shall appoint a Commander-in-Chief for the period of war and may dismiss him.
Article 36
1. The President may, in the event of State security being endangered by external forces, introduce martial law in a part of or upon the whole territory of the Republic of Poland, and may also declare a partial or general mobilization.
2. The organization of the authorities of the State during a period of martial law. and other legal consequences of such declaration of martial law, shall be established by statute.
Article 37
1. The President may, for a definite period of time but not longer than 3 months, introduce a state of emergency in a part of or upon the whole territory of the State in the event of threats to its internal security or following upon natural calamity. This period may be extended only once by not longer than another 3 months with the consent of the Sejm.
2. Whilst a state of emergency exists, the Sejm shall not be dissolved, and its term of office shall not expire before 3 months following the date of termination of that state of emergency.
3. Neither the Constitution nor the electoral laws shall be changed during the period of a state of emergency.
4. The detailed terms, legal effects and the mode of implementation of a state of emergency shall be established by statute.
Article 38
1. The Prime Minister shall inform the President about fundamental matters concerning the activity of the Council of Ministers.
2. The President may, in matters of particular importance to the State, summon sittings of the Council of Ministers and preside over them.
Article 39
The President may deliver a Message to the Sejm or to the Senate. Such Message shall not be a subject of debate.
Article 40
The President shall propose to the Sejm the appointment and recall of the President of the National Bank of Poland.
Article 41
The President shall grant and revoke Polish citizenship.
Article 42
The President shall appoint judges upon a motion of the National Council of the Judiciary.
Article 43
The President shall have the power of pardon.
Article 44
The President shall confer orders and decorations.
Article 45
1. The President shall, in order to implement statutes and upon the basis of powers specified therein, issue regulations and executive orders.
2. The President shall issue executive orders within the scope of his statutory powers.
Article 46
Legal acts issued by the President, in order to be valid, shall be countersigned by the Prime Minister or by the appropriate minister who submitted the matter to the President.
Article 47
The provisions of Article 46 shall not apply to:
1) summoning of the first sitting of the newly elected Sejm and Senate;
2) dissolution of the Sejm;
3) proclamation of the election to the Sejm and to the Senate;
4) introduction of legislation;
5) signing and refusing to sign a statute or a regulation which has the force of statute;
6) making application to the Constitutional Tribunal for adjudication upon the conformity of a statute, or of a regulation which has the force of statute, to the Constitution;
7) nomination of the Prime Minister and appointment of the whole Council of Ministers;
8) accepting resignation of the Council of Ministers and obliging that body to continue with its duties;
9) summoning sittings of the Council of Ministers;
10) a preliminary motion to bring a person to constitutional accountability before the Tribunal of State;
11) submitting motions that an investigation be made by the Supreme Chamber of Control;
12) appointment and recall of the President of the Chief Administrative Court and of presidents of the Supreme Court;
13) the powers of the President, mentioned in Article 19. para. 2 (2) and in Articles 39-44 and 48.
Article 48
1. The President may appoint Ministers of State to represent him in matters related to the exercise of his powers.
2. The executive office of the President shall be the President's Chancellory. The rules and regulations of the Chancellory shall be formulated by the President who shall also appoint and dismiss its Chief Officer.
Article 49
1. The office of the President shall become vacant before the term expires:
1) upon his death;
2) upon his resignation from office;
3) upon the declaration by the National Assembly of his permanent incapacity to exercise the duties of President due to the state of his health. Such decision shall be taken by at least a two-thirds majority vote requiring the presence of at least half of the total number of members of the National Assembly;
4) upon his recall from office following a decision of the Tribunal of State.
2. In the event of a vacancy in the office of President, then, until accession to the office by a new President, and also in the case of the President's temporary incapacity to exercise his duties, the Marshal of the Sejm shall act as President and, if he is not able exercise this function, the Marshal of the Senate.
3. A person acting as President shall not dissolve the Sejm.
Article 50
1. The President may be held accountable for an infringement of the Constitution and the laws. as well as for committing an offence, only by indictment before the Tribunal of State.
2. An indictment may be brought against the President upon the resolution of the National Assembly carried by at least a two-thirds majority vote of the total number of its members, on the motion of at least one-quarter of the total number of its members.
3. The President, upon being indicted, shall be suspended from executing all functions of his office. Article 49, paras. 2 and 3 shall apply, accordingly.