Constitution (2004)

REFERENDUMS HELD ON EUROPEAN MATTERS: 1

2003: EU - Accession (Yes 77 % - No 23 % - Turnout 59 %)

CONSTITUTIONAL CONDITIONS - Constitution of Poland

Binding referendum provided if amendment of fundamental principles of constitution effected but Art. 6 EU Treaty guarantees integracy of these principles. Binding referendum also provided expressly for international treaties and subjects of particular importance for the state.

ARTICLES ABOUT INTERNATIONAL TREATIES, REFERENDUM AND CONSTITUTIONAL AMENDMENTS

Approval of international treaties without any transfer of sovereignty:
Majority from members of parliament and from senate, Art. 89 I, 120 ConstPoland. Requirements for approval can be regulated by law, Art. 89 III ConstPoland.

Approval of transfer of sovereignty without effect of constitutional amendment:
Majority from both chambers with 2/3 of votes by presence of at least 1/2 of their members, Art. 90 II ConstPoland. Additionally, a referendum in accordance to Art. 125 ConstPoland can be called, Art. 90 III ConstPoland.

Approval of transfer of sovereignty with effect of constitutional amendment:
Not expressly regulated but constitutional amendment required.

Approval of constitutional amendment:
A bill submitted by at least 1/5 of the members of parliament, the senate or the President has to be approved with majority of 2/3 of votes from parliament by presence of at least 1/2 of its members and majority of the members of senate, Art. 235 IV ConstPoland. Amendment of fundamental principles of the constitution requires additionally a confirmatory referendum, Art. 235 VI ConstPoland.

Other constitutional regulations about referendums:
Referendum on subjects of particular importance for the state initiated by the parliament with majority of its members or the President approved by the senate with majority of its members can be called and is binding if more than 1/2 of those having the right to vote have participated in it, Art. 125 ConstPoland. Any referendum has to be determined by the Supreme Court, Art. 125 IV ConstPoland.

RATING AND DEBATE

Decided

The Polish government finally approved the Constitution after holding out against it, notably because of the absence of any reference in the document to Europe's Christian roots. After enormous pressure by the pro-referendum, anti-European opposition, the government had to accept the perspective of a referendum. Polish President, Aleksander Kwasniewski, said that a referendum on the EU Constitution should take place at the same time as the presidential elections which are due to take place in autumn 2005. Kwasniewski said in Rome that he was "relatively optimistic" about the results of the referendum in Poland. "I think that nearly 70 per cent of Poles, who voted last year for coming into the EU, will say 'yes' again".
At the beginning of January 2005 some 40 mistakes in the Polish version of the proposed Constitution had been detected. Officials admitted that these mistakes could delay progress towards its ratification. Gazeta Wyborcza wrote on 16.03.2005 that the Polish parliament will officially decide how to ratify the Constitution by the end of June.
According to a survey by the CBOS institute published on 26.02.2005, 64 per cent of Poles supported on this date the Constitution while 7 per cent were against and 29 per cent did not have an opinion.
However the support for the Constitution has plummeted in Poland following the "no" votes in France and the Netherlands, the results of a survey published on 08.06.2005 showed that 35% of respondents said they would vote no in a referendum, while 40% of Poles still backed the Constitution.
After the European Council Prime Minister Marek Belka said it would be "difficult to convince people to come out and vote when we know that most of the countries concerned will not be going ahead with ratification, especially via referendums. [...] I still believe that ratification of the constitutional treaty by Poland is in the best interests of our country, [...] However I am aware that the best path to ratification would be a speedy procedure in parliament."
On 21.06.2005 President Aleksander Kwasniewski said: "A referendum in October as we have planned is not realistic. There should be a referendum but the timing is not clear, it is rather distant and certainly not in October." On 05.07.2005 the Polish lower house voted to put off a decision on whether to ratify the EU constitution by referendum or parliament, 189 members opted to freeze the ratification process against 180 in a narrow vote, with the winning camp mostly made up of rightist parties such as Civic Platform (PO) and Law and Justice (PiS), while the losers came predominantly from left-leaning groups such as the Democratic Left Alliance (SLD).

Eurobarometer (2006), The Future of Europe - Results for Poland, Special Eurobarometer 251, Fieldwork: 23/02 – 15/03 2006. (PDF)

Eurobarometer report, (February 2004): 72% rather agree, 18% rather disagree*

*Are you rather agree or rather disagree with the statement: The European Union must adopt a Constitution.

Eurobarometer report, (January 2005): 43% favourable, 16% opposed*

*Based on what you know, would you say that you are in favour of or opposed to the draft European Constitution?

Eurobarometer report, (July 2005): 61% favourable, 17% opposed*

*Based on the question, are you for or against a constitution for the European Union?

Latest News

06.07.2005 Poland kicks EU constitution into uncertain future. EUobserver.com

27.06.2005 Polish president calls for referendum on EU. EUobserver.com

21.06.2005 Poland delays referendum on EU constitution. EUbusiness.com

20.06.2005 Poland should vote on EU text, but via parliament, says premier. EUbusiness.com

08.06.2005 Support for EU constitution plummets in Poland: survey. EUbusiness.com

06.06.2005 EU constitution still alive despite Britain shelving vote: Polish official. EUbusiness.com

27.02.2005 Two-thirds of Poles back EU constitution: poll. EUbusiness.com

31.01.2005 Polish ruling party abandons early polls plan over EU constitution fears. EUbusiness.com

20.01.2005 Translation errors in Polish EU Constitution to delay ratification. EUobserver.com

13.01.2005 Many Czech, Polish and UK MEPs vote against Constitution. EUobserver.com

06.10.2004 Poland may hold referendum on Constitution in late 2005. EUobserver.com

PROCEDURE

Referendum

STATE OF THE PROCEDURE

DATE OF REFERENDUM

postponed (referendum was planed for the 09.10.2005)

RELEVANT DOCUMENTS AND MATERIAL

Kölling, M. (2005), The Ratification Process of the EU Constitution in Poland: Situation and Perspective, working paper, University of Saragossa, 10.08.2005, (PDF).

Polish Constitutional Tribunal, Judgment concerning the constitutionality of Poland’s accession to the European Union, 11.05.2005. (PDF)

The Federal Trust, EU Constitution Newsletter, May 2005, with country reports on Poland and France.

Public Opinion Research Center (CBOS), Polish Public Opinion, April 2005.

Public Opinion Research Center (CBOS), Polish Public Opinion, February 2005.

Public Opinion Research Center (CBOS), Polish Public Opinion, November 2004.

Public Opinion Research Center (CBOS), Polish Public Opinion, July 2004.

Public Opinion Research Center (CBOS), Polish Public Opinion, January 2004.

Polish Institute of Public Affairs, Decyzja w sprawie Europy, Analizy i Opinie nr 32, Styczen 2005.

Czaplicki, M. (2004), Constitution for Europe - political attempts to overcome a stalemate situation, Polish Institute of Public Affairs, Analyses & Opinions 21, March 2004.

Link: Polish Institute of Public Affairs