SECTION XI

ELECTION AND EXPRESSION OF CONSENT FOR

THE APPOINTMENT AND RECALL OF GOVERNMENT BODIES
Article 91

1. The Senate shall pass a resolution on granting consent for

1) the appointment of the Commissioner for Citizens’ Rights within a month of the relevant resolution of the Sejm being presented to the Senate,

2) for the appointment and recall of the President of the Supreme Chamber of Control and the Commissioner for Children’s Rights within a month of the relevant resolution of the Sejm being presented to the Senate,

3) for the appointment and recall of the General Inspector for Personal Data Protection and the President of the Institute for National Remembrance – the Commission for the Prosecution of Crimes against the Polish Nation.

2. The Senate, before passing the resolutions as described in para. 1, may call a candidate for a post or person holding a post to present an explanation or answer questions posed by Senators.

3. Resolutions of the Senate on the issue specified in para. 1 shall be presented by the Marshal of the Senate to the Marshal of the Sejm.

Article 92

1. The Senate shall elect and recall two Senators to membership in the National Council of the Judiciary.

2. The Senate shall appoint and recall:

1) two members of the National Council of Radio Broadcasting and Television,

2) three members of the Council for Monetary Policy.

3. Resolutions on the issues defined in para. 1 and 2 shall be passed by the Senate with an absolute majority of votes with the presence of at least half the statutory number of senators.

Article 93

1. A motion for the election or recall of individuals to the state positions defined in article 92, para. 1 and 2 can be submitted by a group of at least 7 senators.

2. A senator can grant his support to at most two candidates to the National Council for the Judiciary and the National Council of Radio Broadcasting and Television, and three candidates for the Council for Monetary Policy.

3. Data on the candidate, his consent for his candidature and grounds for a motion taking into account in particular the criteria resulting from applicable acts, shall be included with the motion.

Article 94

1. The motions as specified in article 93 are submitted to the Marshal of the Senate.

2. The Marshal of the Senate establishes and informs senators of the start and end of the period for submitting motions so that the period for submitting motions is no shorter than 14 days and so that motions are submitted no later than:

1) 30 days prior to the end of the term of office for the bodies or members of the bodies specified in article 92, para. 1 and 2,

2) 14 days from the date of recall, expiry of the mandate or declaration of the expiry of a mandate,

3) 30 days from the date of commencing the first sitting of the Senate – in relation to candidates for members of the National Council of the Judiciary.

3. The Marshal of the Senate refers motions to the relevant committees for their opinion.

4. The committees shall present the Senate with a list of correctly submitted candidatures and opinions formulated basing on interviews conducted with the candidates.

Article 95

1. The Senate, prior to passing resolutions on the election or recall of persons to the state positions defined in article 92, para. 1 and 2, can demand from candidates the submission of clarifications and answers to questions from senators.

2. If in voting none of the candidates obtains the required majority of votes, then further rounds of voting are conducted excluding the candidature, who in the given round obtained the lowest number of votes. With an equal number of votes then exclusion is decided by drawing lots.

3. If in voting no election has been made or the appointment of the required number of members for state bodies has been carried out then senators shall be entitled to re-submit candidatures within 7 days of the vote. Article 93 and 94, para. 1, 3 and 4 are applicable respectively.

Article 96

1. The recall of members of a state body, as specified in article 92, para. 1 can take place through the submission to the Marshal of a motion from a group of at least 7 senators. A statement of reasons must be included with the motion.

2. The recall of members of state bodies, as specified in article 92, para. 2, takes place exclusively in the circumstances defined in the applicable acts of law. The Marshal of the Senate shall present the Senate with a draft resolution on this issue.

3. The provisions of article 94, para. 3 and 4 and article 95, para. 1 are applicable respectively to the proceedings for the motion specified in para. 1, and for the draft resolution specified in para. 2.