Basics of Law (5)

Constitutional Law
 Legislative power
The Senate is composed of 100 Senators.
Elections to the Senate are universal, direct and are to be conducted
by secret ballot.
The Senat is also chosen for a 4-year term of office.
Every citizen having the right to vote, who, no later than on the day
of the elections, has attained the age of 30 years, is eligible to be
elected to the Senate.
 Legislative power
The Sejm and the Senate debate in the course of sittings.
In instances specified in the Constitution, the Sejm and the Senate
sitting in joint session, shall act as the National Assembly, with the
Marshal of the Sejm presiding or, in his absence, the Marshal of the
Senate.
 Legislative procedure
I. The Sejm shall consider bills in the course of three readings.
The Sejm shall pass bills by a simple majority vote, in the presence of
at least half of the statutory number of Deputies, unless the
Constitution provides for another majority.
II. A bill passed by the Sejm is submitted to the Senate by the
Marshal of the Sejm. The Senate, within 30 days of submission of a
bill, may adopt it without amendment, adopt amendments or resolve
upon its complete rejection. If, within 30 days following the
submission of the bill, the Senate fails to adopt an appropriate
resolution, the bill shall be considered adopted according to the
wording submitted by the Sejm.
 Legislative procedure
A resolution of the Senate rejecting a bill, or an amendment
proposed in the Senate's resolution, is considered accepted unless
the Sejm rejects it by an absolute majority vote in the presence of at
least half of the statutory number of Deputies.
III. The Marshal of the Sejm shall submit an adopted bill to the
President of the Republic for signature.
The President of the Republic shall sign a bill within 21 days of its
submission and shall order its promulgation in the Journal of Laws
of the Republic of Poland (Dziennik Ustaw).
 Case 6
The Sejm considered a bill (statute) about additional financing of the
companies in the course of one reading. The bill has been passed by
the Sejm by a simple majority vote, in the presence of 200 Deputies.
The Marshal of the Senate submitted the bill passed by the Sejm to
the Senate. The Senate resolved upon complete rejection of the bill.
The bill came back to the Sejm. The Sejm rejected the resolution of
the Senate by an absolute majority vote in the presence of the half
of the statutory number of Deputies.

Please find the errors made in the legislative procedure.

For each error please indicate the provision.
 Legislative procedure
IV. The President of the Republic may, before signing a bill, refer it to
the Constitutional Tribunal for an adjudication upon its conformity to
the Constitution.
The President of the Republic may not refuse to sign a bill which has
been judged by the Constitutional Tribunal as conforming to the
Constitution.
V. If the President of the Republic has not made reference to the
Constitutional Tribunal, he may refer the bill, with reasons given, to
the Sejm for its reconsideration (veto).
 Legislative procedure
If the said bill is repassed by the Sejm by a three-fifths majority vote
in the presence of at least half of the statutory number of Deputies,
then, the President of the Republic shall sign it within 7 days and
shall order its promulgation in the Journal of Laws of the Republic of
Poland (Dziennik Ustaw). If the said bill has been repassed by the
Sejm, the President of the Republic shall have no right to refer it to
the Constitutional Tribunal.
 Case 7
The Sejm has passed a bill (statute) about the changes in the civil
code. The Senate within 20 days following submission of the bill
failed to adopt an appropriate resolution. Therefore the Marshal of
the Sejm submitted an adopted bill to the President of the Republic
for signature. The President of the Republic has not made reference
to the Constitutional Tribunal for an adjudication upon conformity of
the bill to the Constitution, but referred the bill to the Sejm for its
reconsideration. The Sejm has repassed the bill by a four-fifths
majority vote in the presence of at least half of the statutory number
of Deputies. The President of the Republic has not signed the bill but
referred it to the Constitutional Tribunal for an adjudication upon
conformity of the bill to the Constitution.
Please find the errors made in the legislative procedure.
For each error please indicate the provision.
 Executive authority
The executive power in the Republic of Poland is vested in:
- the President of the Republic of Poland and
- the Council of Ministers.
 The President of the Republic
The President of the Republic of Poland is the supreme
representative of the Republic of Poland and the guarantor of
the continuity of State authority.
He is elected by the Nation, in:
1) universal,
2) equal and
3) direct elections,
4) conducted by secret ballot
for a 5-year term of office and may be re-elected only for one
more term.
 The President of the Republic
The President of the Republic is e.g:
- signing or refusing to sign a bill;
- ordering the promulgation of a statute or an international
agreement in the Journal of Laws of the Republic of Poland
(Dziennik Ustaw);
- making a referral to the Constitutional Tribunal;
- nominating and appointing the Prime Minister;
-appointing judges.
 The Council of Ministers
The Council of Ministers conducts the internal affairs and
foreign policy of the Republic of Poland.
It conducts the affairs of State not reserved to other State
organs or local government.
It manages the government administration.
 The Council of Ministers
The Council of Ministers is composed of the President of the
Council of Ministers (Prime Minister) and ministers.
Vice-presidents of the Council of Ministers (Deputy Prime
Ministers) may also be appointed within the Council of
Ministers.
It is nominated by the President but requires the vote of
confidence of the Sejm.
 The Council of Ministers
The members of the Council of Ministers are collectively
responsible to the Sejm for the activities of the Council of
Ministers.
They are also individually responsible to the Sejm for those
matters falling within their competence or assigned to them
by the Prime Minister.
 Judicial power
The judicial power is vested in:
- courts and
- tribunals.
The courts and tribunals constitute a separate power
and they are independent of other branches of power.
The courts and tribunals pronounce judgments in the
name of the Republic of Poland.
 Courts
Courts:
- the Supreme Court,
- the common courts,
- administrative courts and
- military courts.
The common courts implement the administration of
justice concerning all matters save for those statutorily
reserved to other courts.
 Courts
Judges are appointed for an indefinite period by the
President of the Republic on the motion of the National
Council of the Judiciary Judges.
They are not removable.
Recall of a judge from office, suspension from office,
transfer to another bench or position against his will, may
only occur by virtue of a court judgment and only in those
instances prescribed in statute.
 Tribunals
Tribunals:
- the Constitutional Tribunal;
- the Tribunal of State.
 Tribunals
The Constitutional Tribunal adjudicates regarding the
conformity of statutes and international agreements to
the Constitution.

The Tribunal of State adjudicates regading violations of

the Constitution or of a statute committed by highest
officials within their office.
Civil law
 Civil law

The subjects in civil law are:

1. Natural persons;
2. Legal persons;
3. Ogranizational entities not being legal persons (units with
no legal personality but which are granted legal capacity
under the law).
 Natural persons
Legal capacity is the capacity to be the subject of rights
and obligations and it is to be distinguished from legal
capacity to undertake legal acts.
Capacity to undertake legal actions is the capacity to
acquire rights and to take on obligations by means of
juridical acts.
Full capacity to undertake legal actions
Limited capacity to undertake legal actions
Lack of capacity to undertake legal actions
 Next lecture

Next lecture consists of: the continuation of

the Civil law.

Please during next lecture have access to:

- Polish Civil Code.