Poland | Constitutional provisions

Text of the Constitution (in English)

1. Provisions concerning the European Union

No specific provisions

2. Provisions concerning International Treaties

Art. 8 (1) The Constitution shall be the supreme law of the Republic of Poland.

(2) The provisions of the Constitution shall apply directly, unless the Constitution provides otherwise.

Art. 9 The Republic of Poland shall respect international law binding upon it.

Art. 25 (4) The relations between the Republic of Poland and the Roman Catholic Church shall be determined by international treaty concluded with the Holy See, and by statute.

Art. 27 Polish shall be the official language in the Republic of Poland. This provision shall not infringe upon national minority rights resulting from ratified international agreements.

Art. 42 (1) Only a person who has committed an act prohibited by a statute in force at the moment of commission thereof, and which is subject to a penalty, shall be held criminally responsible. This principle shall not prevent punishment of any act which, at the moment of its commission, constituted an offence within the meaning of international law.

Art. 56 (1) Foreigners shall have a right of asylum in the Republic of Poland in accordance with principles specified by statute.

(2) Foreigners who, in the Republic of Poland, seek protection from oppression, may be granted the status of a refugee in accordance with international agreements to which the Republic of Poland is a party.

Art. 59 (4) The scope of freedom of association in trade unions and in employers' organizations may only be subject to such statutory limitations as are permissible in accordance with international agreements to which the Republic of Poland is a party.

Art. 87 (1) The sources of universally binding law of the Republic of Poland shall be: the Constitution, statutes, ratified international agreements, and regulations.

(2) Enactments of local law issued by the operation of organs shall be a source of universally binding law of the Republic of Poland in the territory of the organ issuing such enactments.

Art. 88 (1) The condition precedent for the coming into force of statutes, regulations and enactments of local law shall be the promulgation thereof.

(2) The principles of and procedures for promulgation of normative acts shall be specified by statute.

(3) International agreements ratified with prior consent granted by statute shall be promulgated in accordance with the procedures required for statutes. The principles of promulgation of other international agreements shall be specified by statute.

Art. 89 (1) Ratification of an international agreement by the Republic of Poland, as well as denunciation thereof, shall require prior consent granted by statute - if such agreement concerns:

1) peace, alliances, political or military treaties;
2) freedoms, rights or obligations of citizens, as specified in the Constitution;
3) the Republic of Poland's membership in an international organization;
4) considerable financial responsibilities imposed on the State;
5) matters regulated by statute or those in respect of which the Constitution requires the form of a statute.

(2) The President of the Council of Ministers (the Prime Minister) shall inform the House of Representatives ( Sejm ) of any intention to submit, for ratification by the President of the Republic, any international agreements whose ratification does not require consent granted by statute.

(3) The principles of and procedures for the conclusion and renunciation of international agreements shall be specified by statute.

Art. 90 (1) The Republic of Poland may, by virtue of international agreements, delegate to an international organization or international institution the competence of organs of State authority in relation to certain matters.

(2) A statute, granting consent for ratification of an international agreement referred to in Paragraph (1), shall be passed by the House of Representatives ( Sejm ) by a two-thirds majority vote in the presence of at least half of the statutory number of Deputies, and by the Senate by a two-thirds majority vote in the presence of at least half of the statutory number of Senators.

(3) Granting of consent for ratification of such agreement may also be passed by a nationwide referendum in accordance with the provisions of Article 125.

(4) Any resolution in respect of the choice of procedure for granting consent to ratification shall be taken by the House of Representatives (Sejm) by an absolute majority vote taken in the presence of at least half of the statutory number of Deputies.

Art. 91 (1) After promulgation thereof in the Journal of Laws of the Republic of Poland ( Dziennik Ustaw ), a ratified international agreement shall constitute part of the domestic legal order and shall be applied directly, unless its application depends on the enactment of a statute.

(2) An international agreement ratified upon prior consent granted by statute shall have precedence over statutes if such an agreement cannot be reconciled with the provisions of such statutes.

(3) If an agreement, ratified by the Republic of Poland, establishing an international organization so provides, the laws established by it shall be applied directly and have precedence in the event of a conflict of laws.

Art. 116 (1) The House of Representatives ( Sejm ) shall declare, in the name of the Republic of Poland, a state of war and the conclusion of peace.

(2) The House of Representatives ( Sejm ) may adopt a resolution on a state of war only in the event of armed aggression against the territory of the Republic of Poland or when an obligation of common defence against aggression arises by virtue of international agreements. If the House of Representatives ( Sejm ) cannot assemble for a sitting, the President of the Republic may declare a state of war.

Art. 117 The principles for deployment of the Armed Forces beyond the borders of the Republic of Poland shall be specified by a ratified international agreement or by statute. The principles for the presence of foreign troops on the territory of the Republic of Poland and the principles for their movement within that territory shall be specified by ratified agreements or statutes

Art. 133 (1) The President of the Republic, as representative of the State in foreign affairs, shall:

1) ratify and renounce international agreements, and shall notify the House of Representatives ( Sejm ) and the Senate thereof;
2) appoint and recall the plenipotentiary representatives of the Republic of Poland to other states and to international organizations;
3) receive the Letters of Credence and recall of diplomatic representatives of other states and international organizations
accredited to him.

(2) The President of the Republic, before ratifying an international agreement may refer it to the Constitutional Tribunal with a request to adjudicate upon its conformity to the Constitution.

(3) The President of the Republic shall cooperate with the Prime Minister and the appropriate minister in respect of foreign policy.

Art. 146 (1) The Council of Ministers shall conduct the internal affairs and foreign policy of the Republic of Poland.

(...) (9) exercise general control in the field of relations with other States and international organizations;

(10) conclude international agreements requiring ratification as well as accept and renounce other international agreements;

Art. 172 (...) (2) A unit of local self-government shall have the right to join international associations of local and regional communities as well as cooperate with local and regional communities of other states.

Art. 188 The Constitutional Tribunal shall adjudicate regarding the following matters:
1) the conformity of statutes and international agreements to the Constitution;
2) the conformity of a statute to ratified international agreements whose ratification required prior consent granted by statute;
3) the conformity of legal provisions issued by central State organs to the Constitution, ratified international agreements and statutes;

Art. 193 Any court may refer a question of law to the Constitutional Tribunal as to the conformity of a normative act to the Constitution, ratified international agreements or statute, if the answer to such question of law will determine an issue currently before such court.

Art. 229 In the case of external threats to the State, acts of armed aggression against the territory of the Republic of Poland or when an obligation of common defence against aggression arises by virtue of international agreement, the President of the Republic may, on request of the Council of Ministers, declare a state of martial law in a part of or upon the whole territory of the State.

3. Provisions concerning constitutional reform

Art. 235 1. A bill to amend the Constitution may be submitted by the following: at least one-fifth of the statutory number of Deputies; the Senate; or the President of the Republic.

2. Amendments to the Constitution shall be made by means of a statute adopted by the Sejm and, thereafter, adopted in the same wording by the Senate within a period of 60 days.

3. The first reading of a bill to amend the Constitution may take place no sooner than 30 days after the submission of the bill to the Sejm.

4. A bill to amend the Constitution shall be adopted by the Sejm by a majority of at least two-thirds of votes in the presence of at least half of the statutory number of Deputies, and by the Senate by an absolute majority of votes in the presence of at least half of the statutory number of Senators.

5. The adoption by the Sejm of a bill amending the provisions of Chapters I, II or XII of the Constitution shall take place no sooner than 60 days after the first reading of the bill.

6. If a bill to amend the Constitution relates to the provisions of Chapters I, II or XII, the subjects specified in para. 1 above may require, within 45 days of the adoption of the bill by the Senate, the holding of a confirmatory referendum. Such subjects shall make application in the matter to the Marshal of the Sejm, who shall order the holding of a referendum within 60 days of the day of receipt of the application. The amendment to the Constitution shall be deemed accepted if the majority of those voting express support for such amendment.

7. After conclusion of the procedures specified in paras 4 and 6 above, the Marshal of the Sejm shall submit the adopted statute to the President of the Republic for signature. The President of the Republic shall sign the statute within 21 days of its submission and order its promulgation in the Journal of Laws of the Republic of Poland ( Dziennik Ustaw ).

4. Provisions concerning referendums

Art. 125 1. A nationwide referendum may be held in respect of matters of particular importance to the State.

2. The right to order a nationwide referendum shall be vested in the Sejm, to be taken by an absolute majority of votes in the presence of at least half of the statutory number of Deputies, or in the President of the Republic with the consent of the Senate given by an absolute majority vote taken in the presence of at least half of the statutory number of Senators.

3. A result of a nationwide referendum shall be binding, if more than half of the number of those having the right to vote have participated in it.

4. The validity of a nationwide referendum and the referendum referred to in Article 235, para. 6, shall be determined by the Supreme Court.

5. The principles of and procedures for the holding of a referendum shall be specified by statute.