Venice Commission - Report on Bicameralism

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Poland

1.Has the country always had a bicameral parliamentary (or congressional) system? If not, from when did the country adopt a bicameral system? Is there a public debate about keeping bicameralism or moving to a unicameral system? Why? What are the terms of the debate? What is the public perception of the usefulness and acceptability (legitimacy) of the second chamber?

It is assumed that the institution of the Senate - the second chamber of the Polish parliament - originated from the Royal Council, which operated at the royal court from the mid-14th century. The composition of the council was decided each time by the king. Always invited to participate in the Council were Roman Catholic archbishops and bishops, the chancellor, sub-chancellor, treasurer and grand marshal of the crown, as well as land officials - voivodes and castellans.

The Polish parliament (Sejm) evolved from the general assemblies of the nobility, representatives of cities and cathedral chapters. Beginning with the general convention in Piotrków in 1493, the nobility sent their representatives - deputies, elected at provincial assemblies. In this way, the Chamber of Deputies was formed. The Royal Council came to be known as the Senate (Latin: senatus: council of elders), and its members as senators (Latin: senex: old man). The King also participated in the deliberations of the Sejm. The Sejm thus consisted of 3 sitting states: The Chamber of Deputies, the Senate and the King. In addition to the Sejm, the Senate continued to function as the Royal Council.

In 1768, the Cardinal Laws were enacted, which were the main and immutable principles of the Republic's political system. Laws were to be enacted by the Sejm, consisting of 3 states: royal, senatorial and knightly.

The end of the 18th century brought sweeping changes to the political system. The 1788-1792 Diet, known as the Great or Four-Year Sejm, passed a constitution on May 3, 1791, which overhauled the state's political system. The role of the Senate was reduced in favor of the Chamber of Deputies. The king ceased to be a separate parliamentary state and became president of the Senate. The House was deprived of the right of legislative initiative, and was left with the right of suspensive veto over political, civil and criminal laws passed by the deputies. In the future, successive kings were to appoint senators from among candidates elected by the sejmiks. (https://senat.edu.pl/historia/)

The parliament of Poland is the bicameral legislature of Poland. It is composed of an upper house (the “Senate”) and a lower house (“Sejm”). Following a brief period of existence under the Second Polish Republic (1918-1939), the one of the chamber – the Senate, was abolished by the authorities of the communist Polish People's Republic. It was not re-established until the collapse of the communist government and reinstatement of democracy in Poland in 1989. The evolution of parliamentarism in Poland led to a bicameral model with an unequal position of both chambers. In this model, the Senate is the “weaker” chamber. The Constitution grants this chamber much less powers than the second chamber – i.e. Sejm. For example, in the legislative process, the Senate's amendments to the bill may be rejected in one vote in the Sejm. The Senate does not supervise the work of the government (“rząd”), its committees do not question ministers, nor can they pass a vote of no confidence in the minister. For this reason, the Senate is considered as an “unnecessary body”, not fulfilling its task as (due to higher electoral thresholds) the "assembly of wise men". Therefore, since the entry into force of the current constitution, there have been debates over the legitimacy of this body. The theme of its liquidation appeared many times in the agendas of the election programs of many political parties.

2.What is the population of the country? What is its size?

Population: 38,036,118 (2022 census); Size: 312,696 km2

3.What form of state and form of government has the country? Please provide details with reference to relevant constitutional provisions. a) Unitarian or federal/regional/other form of decentralization; b) Parliamentary, presidential, semi-presidential or mixed

Poland is a parliamentary republic, with its bicameral legislature comprising the Sejm and the Senate and executive bodies comprised President and Prime Minister as a head of the cabinet and the head of government of Poland.

Constitution of the Republic of Poland (1997):
Article 1 The Republic of Poland is the common good of all citizens.
Article 2. the Republic of Poland is a democratic state governed by the rule of law, realizing the principles of social justice.
Article 3. the Republic of Poland is a unitary state.
Article 4 (1) The supreme power in the Republic of Poland belongs to the Nation.
(2) The Nation exercises power through its representatives or directly. (…)
Article 10. 1. The system of government of the Republic of Poland is based on the division and balance of the legislative power, the executive power and the judicial power.
(2) Legislative power is exercised by the Sejm and the Senate, executive power by the President of the Republic of Poland and the Council of Ministers, and judicial power by the courts and tribunals.

4.How many members are in the lower house?

The Sejm is composed of 460 members.

5.How many members has the second chamber?

The Senat is composed of 100 senators.

6.How are members of the second chamber selected? Please describe: a) direct/indirect/mixed suffrage (if the suffrage is indirect or mixed, who elects or appoints the second chamber? b) territorial or other criteria; i) region/provinces/municipalities/others; ii) professional categories/ethnic/age/other; c) candidates’ independence from/affiliation with political parties; d) in case of indirect election, is there an imperative mandate or a similar practice?

Members from both chambers are elected by a universal ballot (in general election in a direct vote by secret ballot) for a term of four years. The Sejm is elected under proportional representation according to the d'Hondt method for vote-seat conversion. The Senate is elected under the first-past-the-post electoral system, with one senator being returned from each of the one hundred constituencies. It is not possible to run for the Sejm and the Senate at the same time. It is not possible to be an MP and a senator at the same time.

7.Age. What is the age limit to elect and be elected or appointed to the second chamber? Does it coincide with the lower chamber? Are there other requirements for election than those for members of lower chambers?

A senator in Poland may be a citizen who has reached the age of 30 and has the right to vote. in the case of the Sejm, the minimum age is 21 y.o.

8.Gender. Are there any requirements to achieve gender parity between men and women in the composition of the second chamber or is there any gender quota system? If so, is there a similar requirement or gender quota system for the lower chamber?

In the case of the Senate and the Sejm, the legislator decided that mechanical steering is not the best guarantee of gender equality. Voters decide who they want to vote for, not politicians.

9.Term of office or tenure. Duration? Does it coincide with lower chamber? Does the second chamber follow the continuity rule (members are not replaced all at once, new elections concern only part of the chamber at a time)? Can the second chamber be dissolved and if yes, who and how exercises its competences in the meantime? Please report any particularity.

In both chambers, their term of office is 4 years. Elections are held at the same time. If the Sejm is dissolved, it is tantamount to shortening the term of office of the Senate. The Senate cannot decide on self-dissolution.

10.Congruence. Is it common for the second chamber to have a similar party composition (majority-minority) to that of the lower chamber?

This happens, although it is not the norm, e.g. in the 2011-2015 and 2015-2019 terms, the party that had a majority in the Sejm also had a majority in the Senate, while in the current term the opposition parties have a majority in the Senate.

11.Status. Are there differences between the legal status of members of the two chambers, and if so, what (e.g., immunity, conflict of interest)?

In both chambers, the privileges of parliamentarians are the same. i.e. they are entitled to immunity (inviolability), the right to allowances, free travel, leave for the duration of the term of office, while maintaining the continuity of work. Unlike deputies, senators do not have the right of interpellation or the right of legislative initiative; a request for a legislative initiative may be submitted by a group of 10 senators or a Senate committee.

12.Rules of procedure. How are the rules governing the second chamber established? Are they different from the lower chamber’s and what are the most relevant differences? Are the internal regulations controlled by the constitutional judge?

Each chamber has exclusive jurisdiction to adopt its own rules by resolution. Resolutions of the chambers of parliament are not subject to the jurisdiction of the Constitutional Tribunal.

13.Powers/competences: Are the powers and competences the same in the two chambers (symmetrical bicameralism)? If the bicameralism is asymmetrical, what are the powers of the second chamber? Please describe: i) financial; ii) legislative; iii) oversight/control; iv) other specific powers, in particular as regards constitutional reforms, confidence motions, international treaties, etc; v) interim powers (e. g. in case of dissolution of the first chamber). a) Distinguish issues which are not submitted at all to the second chamber/where the final decision is taken by the first chamber/where the second chamber has a limited veto right etc. Please address these questions the other way round if the second chamber has more powers than the first one; b) Are there specific appointments that must be done solely by the second chamber? If so, the appointment must be done by supermajority/qualified majority/simple majority/absolute majority? c) What kind of parliamentary initiative can the first and second chamber exercise? d) What happens in case of disagreement (in case of asymmetrical as well as of symmetrical bicameralism); how many readings before the final decision? Does a mixed commission meet? e) To which chamber are draft laws and other drafts to be examined by Parliament or the legislature submitted first? f) Is the government responsible to the second chamber (when it is before the first one)? g) Are decisions taken by a joint meeting of both chambers and, in the affirmative, which ones? h) Does the second chamber have a specific role in emergency situations?

The competences of the chambers are not symmetrical. The powers of the Senate include:
• approving laws passed by the Sejm
• right of legislative initiative
• granting consent to the President ordering a nationwide referendum
• expressing consent to the appointment by the Sejm:
 Chair of the Supreme Audit Office
 Ombudsman
 Ombudsman for Children
 Chair of the Office for Personal Data Protection
 Chair of the Institute of National Remembrance
• Adopting resolutions on accepting or rejecting the report:
 about KRRIT (National Broadcasting Council)
 President of the Constitutional Court
 the First President of the Supreme Court
 Ombudsman
 Ombudsman for Children
 Chair of the Institute of National Remembrance
• the right to submit a request to the Marshal of the Sejm to hold a nationwide referendum
• appointing 2 senators to the National Council of the Judiciary
• appointing 2 members of the College of the Institute of National Remembrance
• appointing 3 RPP (Monetary Policy Council) members
• appointing 1 member of the KRRiTV (National Broadcasting Council)
• appointing 1 member of the State Commission for the investigation of cases of actions against sexual freedom and decency against a minor under the age of 15
• together with the Sejm, it adopts the act on expressing consent to the ratification of an international agreement (2/3 votes)
• together with the Sejm, adopts amendments to the Constitution of the Republic of Poland of 2 April 1997
• the possibility of submitting motions to the Constitutional Tribunal in cases concerning the compliance of the law with the act.
• selection of lay judges of the Supreme Court

Question 13A

The Sejm has the exclusive power in matters
• appoints to the following positions:
 deputy chairman and members of the State Tribunal
 judges of the Constitutional Tribunal
 the President of the NBP at the request of the President of the Republic of Poland
 Members of the College of the Institute of National Remembrance
 Members of the Labor Protection Council

• Control function
 One of the instruments of government control by the Sejm is the right to adopt a constructive vote of no confidence in the government or a vote of no confidence in a specific minister. Within its powers, the Sejm may also demand information on a given matter, and the presence (at sessions of the Sejm or committees) of persons holding controlled offices. The effect of this control is that the Sejm evaluates the proceedings, expresses opinions, desiderata and presents suggestions that are not legally binding.
 Every year, the Sejm debates the implementation of the budget act by the government, based on the opinion of the Supreme Audit Office, and the result of the assessment is whether or not the government is discharged. The Chamber also considers the reports of the National Broadcasting Council, the President of the Office for Personal Data Protection, as well as listens to the annual information of the Commissioner for Citizens' Rights on the state of observance of freedoms, human and civil rights.
 A special type of control is the appointment of an investigative committee to investigate a specific case. In order to increase the effectiveness of control, its operation has been regulated in a special act, thanks to which it can impose certain obligations on citizens and state authorities. The Commission has easier access to documents, the ability to summon people as witnesses, and cooperates better with investigative bodies, e.g. prosecutors.

Question 13B

The Senate elects its bodies (marshal, deputy marshals of the college) adopting a resolution by an absolute majority of votes. Beside this Senat, by an absolute majority of votes in the presence of at least half of the statutory number of senators:
• appointing 2 senators to the National Council of the Judiciary
• appointing 2 members of the College of the Institute of National Remembrance
• appointing 3 RPP (Monetary Policy Council) members
• appointing 1 member of the KRRiTV (National Broadcasting Council)
• appointing 1 member of the State Commission for the investigation of cases of actions against sexual freedom and decency against a minor under the age of 15

Question 13C

Bearing in mind the above replies, which discuss the exclusive competence of both chambers, in other matters the scope of initiative of both chambers is the same.

Question 13D

A resolution of the Senate rejecting a bill or an amendment proposed in the Senate's resolution shall be deemed adopted if the Sejm does not reject it by an absolute majority of votes in the presence of at least half of the statutory number of deputies. No conciliation committee is convened as is often the case in the US Congress

Question 13E

Bills drafted by the Council of Ministers, the President, as well as civic bills are submitted to the Marshal of the Sejm.

Question 13F

The government, as well as individual ministers who are part of the government, are accountable only to the Sejm, which may pass a vote of no confidence.

Question 13G

In the cases specified in the Constitution, the Sejm and the Senate, deliberating jointly under the chairmanship of the Marshal of the Sejm or the Marshal of the Senate acting in his stead, shall act as the National Assembly. The National Assembly, however, is not the joint sittings of the Sejm and the Senate, which are held e.g. on the occasion of the visits of heads of state. The assembly has different powers than the individual chambers of parliament. The tasks of the Assembly concern mainly relations between the president and the parliament (see below). The sessions of the National Assembly shall be convened by the Marshal of the Sejm. They are chaired by the Marshal of the Sejm or the Marshal of the Senate replacing him.
The powers of the National Assembly include:
• taking the oath of office from the newly elected president;
• recognition of the president's permanent inability to hold office due to his health condition by the votes of two-thirds of the statutory number of parliamentarians;
• at the request of 140 members of the Assembly indicting the President before the State Tribunal (impeachment). A two-thirds majority of the votes of the members of the National Assembly is sufficient to adopt a resolution;
• listening to the address of the President addressed to the National Assembly, without the possibility of a debate;
• adoption of the rules of procedure of the National Assembly.
• in the years 1992-1997, the Assembly also dealt with the draft of the current Constitution.

Question 13H

The Senate does not participate in the emergency management process.

14.Is there a form of intergovernmental conference of regions in your country (conference of ministers or presidents of regions, Landers, states members of the federations)? Does it interact with the second chamber? How often does it meet? What is its specific relevance?

Local governments in Poland can associate both at the level of legislative and executive bodies. There are also forums in Poland associating entire regions, e.g. the Association of Voivodeships of the Republic of Poland (Związek Województw Rzeczypospolitej Polskiej) whose goals are:
• representing the interests of voivodeships on the national and international forum,
• taking initiatives to decentralize powers to local governments,
• initiating and giving opinions on draft legal acts concerning local government,
• inspiring and undertaking initiatives that have an impact on the socio-economic development of voivodeships,
• international cooperation at the regional level,

In the Senate, representatives of local governments or their associations often speak at the Senate Committee of Local Government and State Administration. They meet as needed, at the invitation of the chairman of the committee