User:Glide08/Sandbox/Poland

Preamble

In the name of Almighty God!

THE CONSTITUENT DIET OF THE POLISH STATE

CONSIDERING its present responsibility before God and the Polish Nation;

CONSIDERING that the Polish Nation is the common weal of all its citizens;

CONSIDERING that the Polish Nation and Polish State rest on the eternal principles of right and liberty in their power, safety, and social order;

solemnly adopts the present Constitution as the fundamental law by which the Polish Nation and all organs of authority of the Polish State shall be guided in order

- to consolidate the Polish State as the fundamental force which ensures the fullest development of the Polish Nation, its independence and sovereignty,

- to accelerate the political, economic and cultural development of the Country and the growth of its potential,

- to strengthen the patriotic feelings, the unity and solidarity of the Polish Nation,

- to consolidate friendship and co-operation between Nations, based on the alliance and brotherhood which today link the Polish Nation with the peace-loving Nations of the world, for the attainment of their common objective: to prevent aggression and to strengthen world peace.

Chapter 1. POLITICAL SYSTEM

Article 1

1. The Polish People's Republic, whole, united, and independent, is a democratic state ruled by law and implementing the principles of social justice.

2. Resurrected by the efforts and sacrifices of its worthiest sons, it is to be bequeathed as a historic heritage from generation to generation.

Article 2

1. Supreme power in the Polish People's Republic shall be vested in the Nation.

2. The Nation shall exercise its power through its supreme head – the President of the Republic – as well as its representatives elected to the Diet (Sejm). The exercise of such power may also be implemented by means of a referendum. The principles and the methods of holding a referendum shall be established by law.

Article 3

1. The organs of State authority and administration, subordinate to the President and the Diet, are the Council of Ministers, the Armed Forces, the Courts of Justice, and the State Control.

2. Their supreme task is to serve the Republic.

Article 4

1. Observance of the laws of the Polish People's Republic shall be the fundamental duty of every organ of State.

2. All the organs of State authority and administration shall work on the basis of compliance with the law.

Article 5

1. Political parties shall be formed voluntarily and shall be based upon the equality of all citizens of the Polish People's Republic. Their purpose shall be to influence the formulation of the policy of the State by democratic means.

2. The Constitutional Tribunal shall adjudicate upon the inconsistency of the aims or activities of a political party with the Constitution.

Article 5

1. The life of the community rests upon and forms itself within the framework of the State.

2. The State assures free development of community life and, when public welfare requires this, directs and coordinates its conditions.

3. The State shall guarantee the participation of local self-government in the exercise of power and the accomplishment of the tasks of collective life and freedom of activity to other forms of self-government.

Article 6

1. The State shall guarantee freedom of economic activity regardless of the type of ownership; restrictions of this freedom may be imposed only by means of statute.

2. The State shall protect ownership and the right of succession and shall guarantee comprehensive protection of personal property. Expropriation may be allowed exclusively for public purposes and for just compensation.

Article 7

1. The creativeness of every individual citizen is the lever of collective life.

2. The State assures its citizens the possibility of developing their personal capabilities, and also freedom of conscience, speech and assembly. The limit of these freedoms is the common good.

Article 8

It is the duty of the citizens to be loyal to the State and faithfully to discharge obligations imposed upon them by it.

Article 9

1. The rights of a citizen to influence public affairs will be estimated according to the value of his efforts and services for the common good.

2. These rights cannot be restricted by origin, religion, sex, or nationality.

Article 10

1. Work – the basis for the development and power of the Republic – is a right, a duty, and a matter of honour for every citizen.

2. The State extends protection over work and supervises its conditions.

3. Work champions and veterans of labour shall enjoy the respect of the whole Nation.

Article 11

1. It shall be the primary objective of the State to unite all its citizens in harmonious cooperation for the common good, to develop and enrich the Nation in all its aspects, and to expand its creative forces.

2. In its policy, the Polish People's Republic shall be guided by the common good, and by the interests of the Polish Nation, its sovereignty, independence, tranquility, security and prosperity.

Article 12

Out of concern to national development and the welfare of the people, the State –

a. shall protect the family, motherhood and the education of the young generation;

b. shall take care of public health;

c. shall promote and spread education;

d. shall ensure the all-round development of science and national culture.

Article 13

1. No activity shall be counter to the aims of the State, as expressed in its laws.

2. In case of resistance the State applies means of compulsion.

Article 14

The Armed Forces of the Polish People's Republic shall safeguard the sovereignty and independence of the Polish Nation, its security and peace.

Chapter 2. THE PRESIDENT OF THE REPUBLIC

Article 15

1. The President of the Republic stands at the head of the State. Responsibility before God and history for the destinies of the State rests on him.

2. He is the supreme representative of the Polish State in internal and international relations.

3. The one and indivisible authority of the State is united in his person.

Article 16

1. The President's supreme duty is to care for the welfare of the State and for its position among the nations of the world.

2. He shall ensure observance of the Constitution, safeguard the sovereignty and security of the State, the inviolability and integrity of its territory, as well as uphold international treaties.

Article 17

1. The President shall be elected by the Nation for a term of seven years. The term of office of the President shall commence on the date of his inauguration.

2. The President shall be elected, by secret ballot, in general, equal and direct elections by an absolute majority of valid votes.

3. If no candidate has gained an absolute majority, a second ballot shall be held on the fourteenth day following the first ballot. The candidates who have gained the two largest numbers of votes in the first ballot, and have not withdrawn their candidature, shall take part in the second ballot. The person who gains the largest number of valid votes shall be considered elected.

4. Only a person who is a citizen of the Polish People's Republic, holding a full electoral franchise and who has attained the age of 35 years, may be elected President.

5. The election of the President shall be ordered by the Marshal of the Senate no sooner than 4 months and no later than 3 months before the expiry of the term of office of the serving President, or within 14 days after the office comes vacant, specifying the date of the election which shall be on a day no later than 2 months following the day of his order. The election shall be held on a day which is not a day of work.

6. The validity of elections or any complaint laid against the validity of the election of the President shall be adjudicated upon by the Constitutional Tribunal.

Article 18

1. The President shall succeed to office upon making the following oath in the presence of the Congress of the Diet:

"Assuming, by the will of the Nation, the office of the President of the Polish People's Republic, and Conscious of my responsibility before God and history for the destinies of the State,

I do solemnly swear, as President of the Republic, to be faithful to the provisions of the Constitution;

to defend the sovereign rights, independence and security of the State;

to steadfastly guard the dignity of the Nation;

to administer equal justice to all the citizens;

to avert evil and danger from the State;

and to regard solicitous care for the good of the Homeland, the prosperity of its citizens, and the welfare of the State as my supreme duty.

So help me God and His Son's Holy Passion. Amen."

2. Accession to office by a President elected before expiry of the term of the outgoing President shall follow on the next day after expiry of the serving President's term.

3. If no successor is elected at the term of the outgoing President, the incumbent's term shall be prolonged until the Accession of the successor.

Article 19

The President shall hold no other office and shall be neither a Deputy nor a Senator.

Article 20

1. The President shall exercise general supervision in the field of international relations.

2. The President shall appoint and recall the plenipotentiary representatives of the Polish People's Republic to foreign countries with the consent of the Senate and shall receive the Letters of Credence and recall of foreign diplomatic representatives accredited to him.

3. Relations with foreign states, as well as with Polish diplomatic representatives abroad, shall be maintained through the appropriate minister dealing with foreign affairs.

Article 21

1. The President shall ratify and denounce international treaties, and shall notify the Diet thereof.

2. Ratification and denunciation of international treaties relating to the borders of the State, to defensive alliances and to treaties which would burden the State with financial liabilities, or which would involve changes in legislation, shall require authorization by statute.

Article 22

The President shall exercise general supervision with respect to the external and internal security of the State. The advisory organ to the President in connection with such matters shall be the National Security Council.

Article 23

1. The President shall be the Supreme Commander of the Armed Forces of the Polish People's Republic.

2. The President, in agreement with the Minister of National Defense, shall appoint and dismiss the Chief of the General Staff of the Polish Army, and. on the motion of the Minister of National Defense, shall appoint and dismiss deputy chiefs of the General Staff, commanders of branches of the Armed Forces and commanders of military districts.

3. The President shall appoint a Commander-in-Chief for the period of war and may dismiss him.

Article 24

1. The President may, in the event of State security being endangered by external forces, introduce martial law in a part of or upon the whole territory of the Polish People's Republic, and may also declare a partial or general mobilization.

2. The organization of the authorities of the State during a period of martial law. and other legal consequences of such declaration of martial law, shall be established by statute.

Article 25

1. The President may, for a definite period of time but not longer than 3 months, introduce a state of emergency in a part of or upon the whole territory of the State in the event of threats to its internal security or following upon natural calamity. This period may be extended only once by not longer than another 3 months with the consent of both chambers of the Diet.

2. Whilst a state of emergency exists, the Chamber of Deputies shall not be dissolved.

3. Neither the Constitution nor the electoral laws shall be changed during the period of a state of emergency.

4. The detailed terms, legal effects and the mode of implementation of a state of emergency shall be established by statute.

Article 26

1. If the institutions of the Republic, the sovereignty and security of the State, the inviolability and integrity of its territory or the implementation of international obligations are seriously and directly threatened, and if the regular functioning of the public authorities specified in the Constitution has been interrupted, the President shall take the measures required by the circumstances after consultation with the Council of State and the Constitutional Tribunal.

2. The President shall inform the Nation accordingly by means of a message.

3. Such measures shall be based on a desire to ensure that the public authorities specified in the Constitution carry out their tasks as quickly as possible. The Constitutional Tribunal shall give its opinion on this matter.

4. Whilst exceptional powers are exercised, the Diet shall assemble by force of the law itself and the Chamber of Deputies shall not be dissolved.

5. Neither the Constitution nor the electoral laws shall be changed during the period when exceptional powers are exercised.

6. The detailed terms, legal effects and the mode of implementation of exceptional powers shall be established by statute.

Article 27

1. The Prime Minister shall inform the President about fundamental matters concerning the activity of the Government and the Council of Ministers.

2. The President shall summon sittings of the Cabinet Council and preside over them.

Article 28

The President may deliver a Message to the Diet or to either Chamber thereof. Such Message shall not be a subject of debate.

Article 29

The President shall propose to the Diet the appointment and recall of the President of the National Bank of Poland.

Article 30

The President shall grant and revoke Polish citizenship.

Article 31

The President shall appoint judges upon a motion of the National Council of the Judiciary with the consent of the Senate.

Article 32

The President shall have the power of pardon.

Article 33

The President shall confer orders and decorations.

Article 34

1. The President shall, in order to implement statutes and upon the basis of powers specified therein, issue regulations and executive orders.

2. The President shall issue executive orders within the scope of his statutory powers.

3. The President shall make appointments to civilian and military posts specified by law.

Article 35

1. Legal acts issued by the President, in order to be valid, shall be countersigned by the Prime Minister or by the appropriate minister who submitted the matter to the President.

2. The provisions of Article 46 shall not apply to:

a) summoning of the first sitting of the newly elected Chamber of Deputies and Senate;

b) dissolution of the Chamber of Deputies;

c) proclamation of the election to the Chamber of Deputies and to the Senate;

d) introduction of legislation;

e) signing and refusing to sign a statute or a regulation which has the force of statute;

f) appointment of members of the Constitutional Tribunal;

g) making application to the Constitutional Tribunal for adjudication upon the conformity of a statute, or of a regulation which has the force of statute, to the Constitution;

h) appointment and dismissal of the Prime Minister and other members of the Council of Ministers;

h) accepting resignation of the Council of Ministers and obliging that body to continue with its duties;

i) summoning sittings of the Cabinet Council;

j) a preliminary motion to bring a person to constitutional accountability before the Tribunal of State;

k) submitting motions that an investigation be made by the Supreme Chamber of Control;

l) appointment and recall of the President of the Chief Administrative Court and of presidents of the Supreme Court;

m) the powers of the President, mentioned in Articles 26-33, 36 and 61.

Article 36

1. The President may appoint Ministers of State to represent him in matters related to the exercise of his powers.

2. The executive office of the President shall be the President's Chancellery. The rules and regulations of the Chancellery shall be formulated by the President who shall also appoint and dismiss its Chief Officer.

Article 37

1. The office of the President shall become vacant before the term expires:

a) upon his death;

b) upon his resignation from office;

c) upon the declaration by the Congress of the Diet of his permanent incapacity to exercise the duties of President due to the state of his health. Such decision shall be taken by at least a two-thirds majority vote requiring the presence of at least half of the total number of members of the Congress of the Diet;

d) upon his recall from office following a decision of the Tribunal of State.

2. In the event of a vacancy in the office of President, then, until accession to the office by a new President, and also in the case of the President's temporary incapacity to exercise his duties, the Marshal of the Senate shall act as President and, if he is not able to exercise this function, the Prime Minister or the members of the Council of Ministers in the order of priority determined by law.

3. A person acting as President shall not dissolve the Chamber of Deputies.

Article 38

1. The President may be held accountable for an infringement of the Constitution and the laws. as well as for committing an offence, only by indictment before the Tribunal of State.

2. An indictment may be brought against the President upon the resolution of the Congress of the Diet carried by at least a two-thirds majority vote of the total number of its members, on the motion of at least one-quarter of the total number of its members.

3. The President, upon being indicted, shall be suspended from executing all functions of his office. Article 36, paras. 2 and 3 shall apply, accordingly.

Chapter 3. THE COUNCIL OF STATE

Article 39

1. The Council of State shall be composed of -

a) The President, who shall be Chairman of the Council of State;

b) The Marshal of the Senate;

c) The Marshal of the Chamber of Deputies;

d) The Prime Minister;

e) The Chairman of the Constitutional Tribunal;

f) The First President of the Supreme Court;

g) The Commissioner for Citizens' Rights;

h) The Chairman of the Supreme Chamber of Control;

i) Every former President.

2. In times of war the Commander-in-Chief shall also become a member of the Council of State.

3. Upon the unanimous motion of the Council of State, the President may appoint additional members to the Council of State, not to exceed the number of seven.

Chapter 4. THE DIET

Article 40

1. A Diet of the Polish People's Republic shall be the highest organ of State authority.

2. The Diet as the highest representative of the will of the people shall give form to the sovereign rights of the Nation.

3. The Diet shall pass laws, shall control the activities of the Council of Ministers and evaluate its policy, shall adopt resolutions which define basic lines of State activity, and shall exercise control over the work of other organs of State authority and administration.

Article 41

1. The Diet shall be composed of a Chamber of Deputies (Izba Poselska) and a Senate (Senat).

2. In cases specified in this Constitution, the Chamber of Deputies and the Senate sitting jointly, presided over by the Marshal of the Senate, shall constitute the Congress of the Diet.

Article 42

1. The Chamber of Deputies shall be composed of 460 Deputies chosen by secret ballot in general, equal, direct and proportional elections.

2. The term of the Chamber of Deputies shall be five years beginning on the day of the first sitting and shall continue until the assembly of Deputies at the first sitting of the succeeding Chamber of Deputies.

3. The President shall order the elections to the Chamber of Deputies to be held on a day which is not a day of work and which shall be within the month prior to expiry of the current term of office, except in case of the dissolution of the Chamber of Deputies.

4. The Chamber of Deputies may be dissolved by its own resolution carried by a two-thirds majority vote in the presence of at least half of the total number of Deputies.

5. The President may, in cases specified by this Constitution and after consultation with the Council of State, dissolve the Chamber of Deputies.

6. From the day of the dissolution of the Chamber of Deputies by its own resolution or by the order of the President, the Chamber of Deputies may not adopt any amendment to the Constitution electoral laws, nor statutes amending the Budget nor statutes which involve significant financial consequences for the State Budget.

7. The President shall order the elections to the Chamber of Deputies to be held on a day which is not a day of work and which shall be neither sooner than 2 months nor later than 3 months after the day of proclamation of the resolution of the Chamber of Deputies, or of the order of the President, requiring a dissolution of the Chamber of Deputies.

Article 43

1. The Senate shall be composed of six senators chosen for each voivodeship for a term of six years, by secret ballot, in free, general and direct elections. One third of these senators are elected every two years.

2. The President shall order the elections to the Sennate to be held on a day which is not a day of work and which shall be within the month prior to expiry of the current term of office.

3. Every former President of the Republic shall become a senator for life by force of the law itself, unless he avails himself of this right.

4. The President of the Republic may appoint as senators for life six citizens who have brought glory to the Homeland with outstanding achievements in the social, scientific, artistic and literary fields.

Article 44

The validity of elections or any complaint laid against the validity of the election of a member of the Diet shall be adjudicated upon by the Supreme Court.

Article 45

A member of the Diet shall be a representative of the whole Nation. He shall not be bound by any instruction of the electorate nor shall he be subject to recall.

Article 46

1. A member of the Diet shall not be held accountable for his activities resulting from the exercise of his mandate within the period of such mandate or after its expiry, unless he has violated the personal rights of other persons.

2. A member of the Diet shall be neither criminally liable, nor arrested nor detained without the authorization of the chamber to which he belongs given by a two-thirds majority vote in the presence of at least half of the total number of members.

Article 47

1. The office of a Deputy shall not be held jointly with the office of a Senator,

2. The office of a member of the Diet shall not be held jointly with any of the following offices: a judge of the Constitutional Tribunal, a judge of the Tribunal of State, the President of the National Bank of Poland, the Commissioner for Citizens' Rights, the President of the Supreme Chamber of Control, an ambassador or a voivode.

Article 48

1. The Diet shall meet in sessions. An ordinary session of the Diet shall be convened by the President twice a year, on the first working day of February and on the first working day of October.

2. The President shall also convene an extraordinary session of either Chamber on his own initiative, or on a written motion by the Presidium of that chamber or by one-third of the total number of members thereof.

3. The first sitting of a newly-elected Senate or Chamber of Deputies shall be convened within a month from the date of the election.

4. When a chamber is convened in extraordinary session, the other chamber shall also be convened by force of the law itself.

Article 49

1. Each chamber shall elect from amongst its members a Marshal, Deputy Marshals and members of Committees.

2. The Marshal and Deputy Marshals of a chamber shall constitute the Presidium of that chamber. The Presidium shall summon sittings of the chamber and shall supervise its activities.

3. The Marshal, and in his absence a Deputy Marshal, shall preside over the sittings.

4. Type and number of Committees shall be defined by the Rules of Procedure of each chamber.

Article 50

Each chamber may appoint a Committee in order to examine a particular matter, which shall, under the procedure specified in the Code of Criminal Procedure, have the right to conduct examinations of persons summoned by it.

Article 51

1. The debates of each chamber shall be open to the public. Either chamber may resolve by an absolute majority vote upon the holding of a debate in secret should this be required in the interests of the State.

2. The President, the Prime Minister, members of the Council of Ministers, as well as Ministers of State may address a sitting of either chamber regardless of the order of speakers during the session, at any time they wish to do so.

Article 52

Each chamber shall pass statutes by majority vote, requiring the presence of at least half of the total number of members, unless constitutional statutes provide otherwise. The same procedure shall be applied by that chamber in the adoption of other resolutions, unless the provisions of statutes and resolutions of the chamber provide otherwise.

Article 53

The detailed organization and procedure of the work of each chamber shall be defined by Rules of Procedure adopted by that chamber.

Article 54

1. A decision concerning the declaration of a state of war may be adopted only in the event of a military attack having been committed against the Polish People's Republic, or when, in pursuance of international agreements, joint defence against aggression should be necessary. Such a decision shall be adopted by the Senate, or, when the Senate is not in session - by the President.

2. The terms, legal effects and the mode of implementation of such a declaration of a state of war shall be established by statute.

Article 55

1. A Deputy may address an interpellation or a question to the Prime Minister or to an individual member of the Council of Ministers.

2. An interpellation shall be submitted in writing and shall be answered within a period of 21 days. If the interpellator is not satisfied with the response, he may move to the Marshal of the Chamber of Deputies for an additional answer and may request that it be given at a sitting of the Chamber of Deputies.

3. Questions shall be submitted orally, during each sitting of the Chamber of Deputies, to be answered immediately.

4. Detailed principles of submitting interpellations and questions, and the method of answering them shall be defined by the Rules of Procedure of the Chamber of Deputies.

Chapter 5. LEGISLATION

Article 56

The legislative function shall be exercised jointly by both chambers.

Article 57

1. Legislation may be introduced in either chamber. The right to introduce legislation shall belong to the members of that chamber, to the President and to the Council of Ministers.

2. The Council of Ministers, upon introducing a bill, shall indicate the financial consequences of the bill and shall enclose drafts of basic acts designed to effect its implementation.

3. The right to propose amendments to bills during their consideration by either chamber shall belong to the person who has introduced the bill, to the members of that chamber and to the Council of Ministers. The Marshal of the chamber, by his own initiative or upon a motion of the Council of Ministers, may refuse to order a vote upon an amendment which has not previously been referred to the relevant Committee.

4. The person who has introduced a bill may, during the course of its consideration, withdraw it at any time prior to the conclusion of the first reading of the bill. In the event of withdrawal of a bill, the chamber shall decide on further procedure with respect to it.

Article 58

1. The Council of Ministers may, in well-founded instances, declare a bill introduced by itself as urgent, with the exception of drafts of constitutional acts, the draft Budget, tax bills, bills governing elections to the Presidency of the Republic, to the Diet and to local government organs, bills governing the structure, jurisdiction and procedures of State and local government organs; and also drafts of law codes.

2. The Rules of Procedure of each chamber shall define the modifications in the legislative procedure when a bill is declared urgent.

3. The Marshal of either chamber shall refuse to order a vote upon an amendment related to an urgent bill, which has not been previously referred to the relevant Committee.

4. The periods, concerning the procedure applicable to an urgent bill, specified in Article 60, para. 2, shall be reduced to 7 days.

Article 59

1. A statute adopted by one chamber shall be submitted to the other chamber by the Marshal of the first chamber.

2. The second chamber may adopt a statute, introduce amendments to its text or reject it. If, during the same session, the second chamber rejects the same bill twice, the bill shall be referred to a Conference Committee composed of an equal number of members from both houses, and the text drawn up by the Conference Committee shall be submitted to both Chambers for approval.

3. If the Conference Committee fails to adopt a joint text, the Marshal of the either chamber may request the first chamber to make a final decision. In such a case the first chamber may consider either the text drawn up by the Joint Committee or the last text adopted by it and amended, where appropriate, by one or more amendments adopted by the second chamber.

Article 60

1. A statute adopted by both chambers shall be submitted to the President for signature.

2. The President shall sign a statute within 30 days and - in the case of a draft budget - within 20 days, following its submission and shall order its promulgation in the Journal of Laws.

3. The President may refuse to sign a statute and refer it to its chamber of origin for its reconsideration, giving reasons therefor. If the said statute is repassed by that chamber by a two-thirds majority vote, it shall be sent to the other chamber alongside the President's objections. If the said statute is repassed also by the second chamber by a two-thirds majority vote, the President shall, within 7 days, sign the statute and shall order its promulgation in the Journal of Laws, unless he refers it to the Constitutional Tribunal according to para. 4.

4. The President may, before signing a statute, refer it to the Constitutional Tribunal for an adjudication upon its conformity to the Constitution. The reference by the President to the Constitutional Tribunal shall suspend the time allowed for signing a statute. The President cannot refuse to sign a statute which has been judged, by the Constitutional Tribunal, as conforming to the Constitution.

Article 61

1. The President shall order a referendum on any bill concerning the organization of public authorities, reforms in the economic, social or environmental policy of the Nation and the public services which contribute to it, or authorizing the ratification of a treaty which, without being contrary to the Constitution, would affect the functioning of the institutions.

2. The right to request a referendum referred to in para. 1 shall belong to:

a) the Council of Ministers, during a session of the Diet

b) both chambers jointly, each by its own resolution carried by an absolute majority vote, or,

c) one fifth of the total number of members of the Diet, supported by the signatures of at least one-tenth of the total number of persons having the right to vote.

3. A referendum referred to in para. 1 may not involve the repeal of a statutory provision in force for less than one year.

4. A bill shall be adopted through referred to in para. 1 when an absolute majority of valid votes are in favor and more than a half of the total number of persons having the right to to vote have taken part in it.

5. If a bill is adopted through a referendum referred to in para. 1, the President of the Republic shall promulgate it within fifteen days following the announcement of the results of the vote.

6. If a bill fails to be adopted through a referendum referred to in para. 1, no new proposal for a referendum on the same subject shall be made before two years have elapsed since the date of the vote.

7. The principles and the methods of holding a referendum referred to in para. 1 shall be established by statute.

Article 62

The revenues and expenditures of the State for a calendar year shall be specified in the Budget. In particular cases, the revenues and expenditures for a period shorter than a year may be specified in an interim budget.

Article 63

1. The Council of Ministers shall be obliged to submit to the Chamber of Deputies a draft Budget in sufficient time to allow for its adoption before the beginning of a fiscal year, and, in particular cases, before the end of the first quarter of a year. The said time period and the requirements for a draft budget shall be established by statute.

2. Within a period of 20 days following the submission of the Budget passed by the Chamber of Deputies, the Senate may resolve upon adopting it or introducing amendments thereto. If, within that period of 20 days, the Senate fails to adopt an appropriate resolution, the Budget shall be considered passed.

3. An amendment to the budget proposed by a resolution of the Senate, shall be considered accepted unless the Chamber of Deputies rejects it by an absolute majority vote.

4. The Council of Ministers shall, in the event of a failure to pass a Budget or an interim Budget, conduct its finances pursuant to the draft Budget.

5. If. within a period of three months following the submission of a draft fulfilling the requirements of budgetary law, the Budget has not been passed by the Chamber of Deputies and referred to the Senate, the President may dissolve the Chamber of Deputies within 21 days following expiry of the time-limit for submission to the Senate of the Budget passed by the Chamber of Deputies.

Article 64

1. The Council of Ministers shall be obliged to submit to the Chamber of Deputies a report upon the implementation of the Budget and reports on the implementation of other financial plans of the State adopted by the Chamber of Deputies within a period of 6 months following the end of a fiscal year.

2. The Chamber of Deputies shall perform an assessment of the implementation of the Budget and other financial plans of the State within a period of 2 months following the receipt of the report and shall resolve upon the granting of approval to the Council of Ministers, after receiving the opinion of the Supreme Chamber of Control, presented by its President.

3. In the event of such approval not being given, the Council of Ministers shall resign.

Article 65

1. Upon application by the Council of Ministers, with reasons given, the Diet may by statute, affirmed by an absolute majority vote in each chamber, authorize the Cabinet Council to issue regulations which shall have the force of statute.

2. The statute authorizing the Cabinet Council to issue regulations having the force of statute shall specify the subject of such regulations and the time period during which the authorization shall be in force.

3. The statute shall not authorize the Cabinet Council to issue regulations which have the force of statute concerning: changes to the Constitution, election of a President, election of the Diet and local self-government organs, the State Budget, personal freedoms and rights of citizens, their political freedoms and rights, as well as rights and duties resulting from employment contracts and social security insurance, and also any consent to the ratification of international agreements mentioned in Article 33, para. 2 of this Act.

4. The President shall sign a regulation which has the force of statute, submitted to him by the Cabinet Council, and shall order its promulgation in the Journal of Laws.

5. The President may, before signing such regulation having the force of statute, refer it to the Constitutional Tribunal for an adjudication upon its conformity to the Constitution.

6. The President may refuse to sign a regulation which has the force of statute and shall return it to the Cabinet Council within a period of 14 days. A regulation which has the force of statute, returned by the President, may be introduced to the Diet by the Council of Ministers, in the form of a bill.

Chapter 6. THE COUNCIL OF MINISTERS

Article 66

1. The Government of the Polish People's Republic - the Council of Ministers - shall be the supreme executive and administrative organ of State authority.

1. The Council of Ministers shall conduct the internal affairs and the foreign policy of the Polish People's Republic.

2. The Council of Ministers shall manage the entire governmental administration.

Article 67

1. The Council of Ministers shall make decisions in all matters relating to the policy of the State, which have not been reserved by this Constitutional Act or other statute to the President or to another organ of State administration or self-government.

2. The Council of Ministers, in particular:

a) shall ensure the implementation of statutes;

b) shall issue regulations which have the force of statutes, satisfying the requirements specified in Article 65;

c) shall direct, coordinate and control the work of all other organs of government administration, being responsible for their activity to the Diet;

d) shall protect, pursuant to statutes, the interests of the State Treasury;

e) shall prepare the draft Budget and drafts of other financial plans of the State, and supervise their implementation, following their approval by the Chamber of Deputies;

f) shall supervise local self-government and other forms of self-government within the limits and by means specified in the Constitutional Act and other statutes;

g) shall maintain the relations and shall conclude treaties with the governments of foreign states and with international organizations;

h) shall ensure the external and internal security of the State.

Article 67

1. The Council of Ministers shall be composed of:

a) the Prime Minister as its chairman;

b) Deputy Prime Ministers;

c) Ministers;

d) Chairmen of Boards and Committees specified by law, who exercise the functions of the supreme organs of State administration.

2. In the event that a Deputy Prime Minister has not been appointed, his duties may be exercised by another minister.

3. The Council of Ministers shall act collectively. The organization and procedure of its work shall be established by statute.

4. The Prime Minister and Deputy Prime Ministers shall constitute the Government Presidium. The Council of Ministers may appoint its other members to join the Government Presidium.

Article 68

1. The Cabinet Council shall be the organ of the Government which considers matters of extraordinary importance.

2. The Cabinet Council shall be composed of the President as its chairman and the members of the Council of Ministers.

3. The Cabinet Council may exercise every authority vested in the Council of Ministers.

Article 69

1. For the purpose of implementing statutes, and pursuant to authorization provided thereunder, the Council of Ministers shall issue regulations.

2. The Council of Ministers shall pass resolutions within the scope of its constitutional powers.

Article 70

1. The Prime Minister shall direct the work of the Council of Ministers and the Government Presidium, and he shall coordinate and control the work of individual Ministers.

2. The Prime Minister shall be the chief officer of all employees of the governmental administration.

3. For the purpose of implementing statutes, and pursuant to authorization provided thereunder, the Prime Minister shall issue regulations.

Article 71

1. A Minister shall be appointed to direct a particular department of the government administration or to fulfil the tasks assigned to him/her by the Prime Minister.

2. A Minister directing a government administration department, in the course of his/her business, shall act within the framework of powers specified by the relevant laws, and shall, on the grounds of the authority granted to him/her by these laws, issue regulations and executive orders with a view to the implementation of these laws.

3. The Council of Ministers may, on the motion of the Prime Minister, annul a regulation or an executive order issued by a Minister.

Article 72

1. The President shall appoint and dismiss the Prime Minister.

2. The President shall appoint and dismiss the other members of the Council of Ministers after consultation with the Prime Minister.

3. The Prime Minister shall, within a period not longer than 60 days following appointment by the President, submit to the Chamber of Deputies a programme of activity of the Council of Ministers together with a motion requiring a vote of confidence. The Chamber of Deputies shall pass a vote of confidence by an absolute majority vote.

4. In the event that the Sejm has not passed a vote of confidence in the Government pursuant to the provisions of para. 3, the President accept the resignation of the Government or shall dissolve the Chamber of Deputies. In the event this happens in three consecutive occasions the President shall dissolve the Chamber of Deputies.

Article 73

The Prime Minister and Ministers shall, in the presence of the President, make the following oath:

"Assuming this office of Prime Minister (Minister) I do solemnly swear to be faithful to the provisions of the Constitution, and that the good of the Homeland and the prosperity of its citizens shall forever remain my supreme obligation.

The oath may be also made with the additional words "So help me. God".

Article 74

The Prime Minister shall submit the resignation of the Government to the President in the following cases:

a) the convocation of the newly elected Sejm;

b) the resignation of the Council of Ministers or of the Prime Minister from office;

c) a vote of confidence has not been granted to the Council of Ministers by the Chamber of Deputies;

d) a vote of no confidence has been passed by the Chamber of Deputies.

Article 75

1. The President shall, in the event that a Prime Minister has submitted the resignation of the Government for reasons specified in Article 64, subparas. a) - c), accept the resignation.

2. The President, upon accepting a resignation of the Government, shall oblige it to continue with its duties until a new Council of Ministers is appointed.

Article 76

1. The Chamber of Deputies may resolve, by an absolute majority, upon a vote of no confidence in the Council of Ministers.

2. A motion for a vote of no confidence may be moved by at least one-tenth of the total number of Deputies and shall be put to a vote no sooner than 7 days after it has been laid.

3. In the event that a vote of no confidence has not been passed, a subsequent motion of a like kind may be made after 3 months following the day of the vote upon the previous motion. This time limit shall not apply if the motion is moved by at least one-fourth of the total number of Deputies.

4. The President shall, if the Chamber of Deputies has passed a vote of no confidence, either accept the resignation of the Government or dissolve the Chamber of Deputies.

Article 77

1. The Chamber of Deputies may pass a vote of no confidence in an individual Minister. The provisions of Article 76, para. 1-3 shall apply, as the case may be.

2. A Minister, in whom a vote of no confidence has been passed by the Chamber of Deputies, shall resign and the President shall accept his resignation.

Article 78

1. A Minister may resign from his office by offering his resignation to the Prime Minister.

2. The President may, upon a motion by the Prime Minister, effect changes in the office of individual Ministers.

Chapter 7. THE SUPREME CHAMBER OF CONTROL

Article 79

1. The Supreme Chamber of Control shall be appointed to supervise the economic, financial, organizational, and administrative activities of the central and local organs of State administration and of the enterprises and organs subordinate to them, as regards legality, economic efficiency, efficacy and integrity.

2. The Supreme Chamber of Control may also undertake, within the scope determined by law, control of cooperative organizations and their unions, social organizations as well as units of the non-socialized economy.

Article 80

1. The Supreme Chamber of Control is subordinate to the Diet.

2. The Supreme Chamber of Control shall present to the Chamber of Deputies its comments upon the reports of the Council of Ministers concerning the implementation of the Budget and reports on the implementation of other financial plans of the State.

3. The Supreme Chamber of Control shall annually present to the Diet a report upon its activities.

Article 81

1. The President of the Supreme Chamber of Control shall be appointed and recalled by the Diet on the recommendation of the President.

2. The Supreme Chamber of Control shall act collectively. The organization and procedure of its work shall be established by statute.

Chapter 8. THE CONSTITUTIONAL TRIBUNAL

Article 82

1. The Constitutional Tribunal shall adjudicate upon the conformity to the Constitution of laws and other normative acts.

2. The Constitutional Tribunal shall have power -

a) to watch over the conduct of elections of the President, of the Diet and of local self-government organs;

b) to establish universally binding interpretation of laws and other normative acts;

c) to exercise other functions vested in the Constitutional Tribunal by the Constitution or assigned to it by other laws.

3. Judgements of the Constitutional Tribunal on the nonconformity of laws and other normative acts to the Constitution or laws are binding. The Constitutional Tribunal shall apply measures to remove any nonconformity.

Article 83

1. The Constitutional Tribunal shall be composed of:

a) three members appointed by the President;

b) three members elected by the Senate;

c) three members elected by the Chamber of Deputies;

d) three members appointed by the National Council of the Judiciary.

2. Members of the Constitutional Tribunal shall be selected for nine years from among persons who are distinguished in knowledge of the law and may not be re-selected. One third of these members - one for each category specififed in para. 1 - are selected every three years.

3. The Chairman of the Constitutional Tribunal shall be elected by the Constitutional Tribunal from among its members.

4. Members of the Constitutional Tribunal shall be independent and subject only to the Constitution.

Article 84

1. The President, the Prime Minister, the Speaker of the Chamber of Deputies, the Speaker of the Senate, as well as sixty deputies or sixty senators may refer any statute to the Constitutional Tribunal for an adjudication upon its conformity to the Constitution before its signing by the President. The Constitutional Tribunal shall give its ruling within 30 days.

2. The reference of a statute to the Constitutional Tribunal shall suspend the time allowed for signing it.

3. The Council of Ministers may, in well-founded instances, declare a statute referred to the Constitutional Tribunal as urgent, with the exception of drafts of constitutional acts, the draft Budget, tax bills, bills governing elections to the Presidency of the Republic, to the Diet and to local government organs, bills governing the structure, jurisdiction and procedures of State and local government organs; and also drafts of law codes.

4. The periods, concerning the procedure applicable to an urgent statute, specified in para. 1, shall be reduced to 7 days.

Article 85

In the event of the question of the conformity to the Constitution of laws and other normative acts being raised during the course of court proceedings, the matter shall be referred to the Constitutional Tribunal which shall issue a ruling within a specified period of time.

Article 86

The jurisdiction, organization and procedure of the Constitutional Tribunal shall be determined by law.

Chapter 9. THE TRIBUNAL OF STATE

Article 87

1. The Tribunal of State shall adjudicate upon responsibility for infringements of the Constitution and laws by persons holding supreme State offices which are specified by law.

2. The Tribunal of State may adjudicate upon the criminal responsibility of persons who are being prosecuted for reasons specified in paragraph 1 and for any offences committed in connection with their office.

3. The Tribunal of State shall be composed of fifteen members, who shall be selected by the Congress of the Diet for nine years from among persons who are distinguished in knowledge of the law. One third of these members are selected every three years.

4. The First President of the Supreme Court shall be the Chairman of the Tribunal of State.

5. Judges of the Tribunal of State are independent and subject only to the laws.

6. The jurisdiction, organization and procedure of the Tribunal of State shall be determined by law.

Chapter 10. THE COURTS

Article 88

1. The administration of justice in the Polish People's Republic shall be carried out by the Supreme Court, the common courts, administrative courts, military courts and special courts.

2. Summary procedures may be established only during a time of war.

3. Boards for the Adjudication of Petty Offences shall settle judicially the cases of petty offences.

4. The structure, jurisdiction and procedure of the Courts and of the Boards for the Adjudication of Petty Offences shall be defined by statute.

5. The common courts shall implement the administration of justice concerning all matters save for those statutorily reserved to other courts.

Article 89

The Courts shall pronounce judgement in the name of the Polish People's Republic.

Article 90

The Courts shall be custodians of the Constitution. They shall protect and safeguard the rule of law and the rights of citizens; they shall punish offenders.

Article 91

Judges shall be appointed on the basis of competitive examinations for a lifetime term and are irremovable except in instances specified by law.

Article 92

1. The National Council of the Judiciary shall be composed of -

a) The First President of the Supreme Court, the Minister of Justice, the President of the Chief Administrative Court and the Public Prosecutor General;

b) 16 members elected by the Judges from among themselves;

c) 2 members elected by the Senate from among its members;

d) 4 members elected by the Chamber of Deputies.

2. The Chairman of the National Council of the Judiciary shall be elected by the Council from among its members.

3. Members of the National Council of the Judiciary specififed in para. 1, subpara. b shall be selected for eight years and may not be re-selected. One half of these members are selected every four years.

4. Members of the National Council of the Judiciary specififed in para. 1, subpara. c shall be selected for the Senate's term of office.

5. Members of the National Council of the Judiciary specififed in para. 1, subpara. d shall be selected for the Chamber of Deputies' term of office.

6. The powers, method of selection and procedure of the National Council of the Judiciary shall be established by statute.

Article 92

1. The Supreme Court shall be the highest judicial organ and shall supervise the work of all other Courts with respect to the pronouncement of judgement.

2. The mode of exercising supervision by the Supreme Court shall be defined by law.

3. The First President of the Supreme Court shall be chosen from among the judges of the Supreme Court by the Congress of the Diet, which may recall him on the motion of the President of the Republic, but Presidents of the Supreme Court shall be appointed and may be recalled by the President of the Republic.

Article 93

Judges shall be independent and subject only to the law.

Article 94

1. Cases in all Courts of the Polish People's Republic shall be heard in public. The law may specify exceptions to this rule.

2. The accused shall be guaranteed the right to defence. The accused may have defence counsel, either of his own choice, or appointed by the Court.

Chapter 11. THE PUBLIC PROSECUTOR'S OFFICE

Article 95

1. The Public Prosecutor's Office shall safeguard observance of the law and the prosecution of offences.

2. The Public Prosecutor's Office is subordinate to the Minister of Justice.

3. The Public Prosecutor General shall be appointed by the President, with the consent of the Senate, for a term of five years.

4. The mode of appointing and recalling other Public Prosecutors and the principles of organization and procedure of the organs of the Public Prosecutor's Office shall be defined by law.

Chapter 12. THE COMMISSIONER FOR CITIZENS' RIGHTS

Article 96

1. The Commissioner for Citizens' Rights shall safeguard the observance of citizens' rights and freedoms specified in the Constitution and other legal provisions.

2. The Commissioner for Citizens' Rights shall be appointed by the President, with the consent of the Senate, for a six-year term of office, and may not be re-appointed.

3. The mode of functioning of the Commissioner for Citizens' Rights shall be determined by law.

Chapter 13. THE NATIONAL COUNCIL OF RADIO BROADCASTING AND TELEVISION

Article 97

1. The National Council of Radio Broadcasting and Television shall safeguard the freedom of speech, citizens' rights to be informed and shall protect public interests in radio broadcasting and television.

2. Members of the National Council of Radio Broadcasting and Television shall be appointed by the President, with the consent of the Senate, for a six-year term of office, and may not be re-appointed. One third of these members are selected every two years.

3. The National Council of Radio Broadcasting and Television shall, on the basis of statutes and in order to implement them, issue regulations and executive orders.

4. The principles relating to the appointment of members of the National Council of Radio Broadcasting and Television, to its organization and to the manner of its functioning shall be established by statute.

Chapter 14. LOCAL SELF-GOVERNMENT AND LOCAL ORGANS OF STATE AUTHORITY AND ADMINISTRATION

Article 98

1. Local self-government shall be the basic form of organization of local public life.

2. Units of local self-government - the communes, districts and departments - shall possess legal personality as communities of inhabitants in a particular area existing by force of law.

3. The right of ownership and other property rights vested in a unit of local self-government shall be the property of the community.

4. The commune shall be the basic unit of local self-government.

Article 99

1. Local self-government shall concern itself, within the limits defined by law, with the performance of a substantial part of public tasks, except for those tasks which are, by statute, reserved exclusively to the competence of governmental administration.

2. Units of local self-government shall perform public tasks ascribed to them, in their own names and with their own responsibility, in order to satisfy the needs of the inhabitants.

3. Units of local self-government, within the limits defined by law, shall exercise powers of governmental administration. For this purpose, they shall be provided with appropriate financial resources.

4. Units of local self-government shall fulfil their tasks by means of their own constitutive and executive bodies, and shall, within the limits defined by the Constitution and by law, be free to formulate their organizational structures.

Article 100

1. The People's Councils in communes, districts and departments, shall be the local organs of State authority and highest organs of local self-government.

2. A joint People's Council may be an organ of State authority and of social self-government in two units of territorial division at the same level.

3. In those communes, districts and departments having voivodeship status, the People's Council shall serve as the Dietine.

4. The term of office of the People's Councils at particular levels shall be defined by law.

Article 101

1. The People's Councils shall meet in sessions.

2. The People's Councils shall elect, from among their members, presidia to direct the preparation of sessions and to conduct the business of the assembly, to co-ordinate the work of committees and to aid councillors in their work.

3. The People's Councils shall appoint committees for particular spheres of their activity.

4. Particulars of the composition, terms of reference and rules of procedure of the People's Councils and their organs shall be established by law.

Article 102

1. The Chief Executive Officers in communes, districts and departments, shall be the local organs of State administration and supreme executive and administrative organs of local self-government.

2. A local organ of State administration shall be responsible and accountable to the competent People's Council as regards the performance of tasks assigned by the Council.

Article 103

1. Elections of the People's Councils and Chief Executive Officers of units of local self-government shall be general and equal, and shall be done by secret ballot.

2. The inhabitants may take decisions by means of a local referendum. The requirements and procedures of holding a local referendum shall be established by law.

Article 104

1. The revenues of units of local self-government shall consist of their own revenues as well as subsidies and grants.

2. The sources of revenues for units of local self-government in the field of public tasks shall be guaranteed by law.

Article 105

1. The supervision of the activity of units of local self-government shall be denned by law.

2. The principles governing association of units of local self-government and the representation of their interests to the State authorities shall be defined by law.

Chapter 15. VOIVODESHIP SELF-GOVERNMENT AND VOIVODESHIP ORGANS OF STATE AUTHORITY AND ADMINISTRATION

Article 106

1. The voivodeships shall be autonomous units with their own charters, authorities and competences in accordance with the principles established by the Constitution and shall possess legal personality as communities of inhabitants in a particular area existing by force of law.

2. The right of ownership and other property rights vested in a voivodeship shall be the property of the community.

3. The following voivodeship shall be established:

a) Lower Silesian

b) Kuyavian-Pomeranian

c) Lublin

d) Lubusz

e) Łódź

f) Lesser Poland

g) Masovian

h) Opole

i) Subcarpathian

j) Podlaskie

k) Pomeranian

l) Silesian

m) Holy Cross

n) Warmian-Masurian

o) Greater Poland

p) West Pomeranian

4. The following cities having voivodeship status shall be established:

a) Łódź

b) Kraków

c) Warszawa

Article 107

Article 99, 103 para. 2, 104 and 105 shall apply, mutatis mutandi, to the voivodeships and voivodeship self-government.

Article 108

The voivodeships may legislate on any matter not expressly reserved for national legislation, including the following matters:

a) the organization of local authorities;

b) changes in the boundaries of communes, counties and departments forming part of their territories and, in general, in the functions of the State administration vis-à-vis communes, counties and departments, where the legislation on the local system authorises their transfer,

c) spatial planning, urban planning and housing;

d) public works for the voivodeship in its own territory;

e) railways and roads, the entire route of which runs within the territory of the voivodeship and railway, road and cableway transport fulfilling the same conditions;

f) ports of refuge, marinas and sports airports and all other like places not engaged in commercial activities;

g) agriculture and livestock farming in accordance with the general economic plan,

h) forests and woodlands;

i) environmental protection rights;

j) the design, construction and operation of water-driven equipment, canals and irrigation systems serving the interests of the voivodeship; waters and bathing areas;

k) inland waters fishing, shellfishing, fish farming, hunting and river fishing;

l) local fairs;

m) promotion of economic development of the voivodeship within the framework of the objectives set by national economic policies;

n) handicrafts;

o) museums, libraries and music conservatories of relevance to the voivodeship;

p) historical monuments of importance to the voivodeship;

q) support of the development of culture, scientific research and, where appropriate, the teaching of the language of the voivodeship;

r) promotion and organization of tourism within the voivodeship;

s) promottion of sport and proper use of leisure activities;

t) social assistance;

u) health and hygiene;

v) protection and care for the condition of buildings and facilities of the voivodeship; coordination and other powers in relation to the local police in accordance with the principles laid down by state law.

Article 109

The following matters fall within the exclusive competence of the State:

a) regulation of basic conditions the ensuring equality of all citizens of the Polish People's Republic in the exercise of their rights and in the fulfilment of their constitutional duties;

b) nationality, immigration, emigration, foreign nationals and the right of asylum;

c) international relations;

d) defense and armed forces;

e) the administration of justice;

f) commercial, criminal and penitentiary legislation; procedural legislation, without prejudice to the necessary distinctions which may arise in this respect from the specific substantive law of the voivodeships;

g) employment legislation, without prejudice to its execution by voivodeship authorities;

h) civil legislation, without prejudice to the preservation of the modification and development by autonomous communities of their civil law; in any event, rules relating to the application and effectiveness of legal provisions, civil-law relationships concerning marriage forms, the system of registers and public documents, the basis of contractual obligations, the rules governing conflict of laws and the identification of sources of law;

i) legislation on intellectual and industrial property;

j) customs regime and tariff system; foreign trade;

k) monetary system; foreign currencies, exchange and convertibility; fundamentals of the credit, banking and insurance systems;

l) legislation on weights and measures, and determination of official time;

m) the basis and coordination of general business planning;

n) general financial affairs and state debt;

o) development and overall coordination of scientific and technical research;

p) external health protection; fundamentals and overall coordination of health services; legislation on pharmaceutical products;

q) fundamental legislation and the economic system of social security, without prejudice to the provision of services in this respect by the voivodeships;

r) the foundations of the legal system of public administration and the status of its officials, which shall ensure that those administered receive equal treatment in all cases; the general administrative procedure, without prejudice to differences resulting from differences within the organisation of the voivodeships; legislation on compulsory expropriation; legislation on administrative contracts and concessions; and the liability regime for all types of public administration;

s) sea fisheries, without prejudice to the powers that would be accorded to the voivodeships in the sphere of management of the sector;

t) the merchant fleet and ship registration; coastal lighting and maritime signaling; ports of national importance; airports of national importance; airspace control, meteorological service and aircraft registration;

u) railways and land transport crossing the territory of more than one voivodeship; general rules of communication; traffic and mobility of motorised means of transport; mail and telecommunications; overhead cables, submarine cables and radio communications;

v) legislation, management and licensing of water resources and water-powered equipment where water passes through the territory of more than one voivodeship and the granting of authorisations to construct hydro-electrical power plants where their use would affect the interests of another voivodeship or their energy transmission lines would extend beyond the boundaries of the territory of the voivodeship concerned;

w) basic environmental legislation, without prejudice to the voivodeship's powers to lay down supplementary standards; fundamental legislation on forests, woodlands and farm roads;

x) public works in the general interest or the execution of which affects the interests of more than one voivodeship;

y) fundamental regulation of mining and energy;

z) rules on the production, trade, possession and use of weapons and explosives;

aa) fundamental rules governing the press, radio and television system and, in general, all means of communication to the public, without prejudice to the powers vested in the voivodeships to develop and implement them;

ab) protection of Polish cultural and artistic heritage and monuments against removal or robbery; museums, libraries and archives belonging to the State, without prejudice to their management by the voivodeships;

ac) public security, without prejudice to the possibility for the voivodeships to establish police forces in the form laid down in their respective statutes, within the framework of the provisions of the Organic Law;

ad) regulation of the conditions for the receipt, granting and approval of academic and professional titles and the basic norms developing the right to education in order to ensure the fulfilment of the obligations of public authorities in this field;

ae) national statistics;

af) authorization of popular consultations and referendums.

Article 110

1. Executive powers shall lie with the State in the matter of exclusive legislation, except where it is delegated to the voivodeships. The powers to issue executive regulations are vested in the provinces in all other matters. Communes, counties and departments are empowered to issue executive regulations with respect to the organisation of affairs and the performance of the functions assigned to them.

2. A voivodeship may ratify agreements with other voivodeships for the better performance of its own functions by voivodeship law, and such agreements may include the establishment of joint bodies.

3. In matters falling within its own competence, a voivodeship may conclude agreements with states and internal territorial authorities of others state in situations and forms regulated by state laws.

Article 111

1. The Dietine (Sejmik) of a voivodeship shall be the voivodeship organ of State authority and highest organ of voivodeship self-government.

2. The Dietine shall pass voiovdeship laws, shall control the activities of the Executive Committee and evaluate its policy, shall adopt resolutions which define basic lines of voivodeship activity, and shall exercise control over the work of other organs of voivodeship authority and administration.

3. The Dietine shall be composed of deputies chosen by secret ballot in general, equal, direct and proportional elections.

4. The number of deputies in each Dietine and their term of office shall be defined by the voivodeship charter.

Article 112

1. The Dietines shall meet in sessions.

2. The Dietines shall elect, from among their members, presidia to direct the preparation of sessions and to conduct the business of the assembly, to co-ordinate the work of committees and to aid councillors in their work.

3. The Dietines shall appoint committees for particular spheres of their activity.

4. Particulars of the composition, terms of reference and rules of procedure of the Dietines and their organs shall be established by the voivodeship charter and by voivodeship law.

Article 113

1. The Executive Committee of a voivodeship shall be the voivodeship organ of State administration and supreme executive and administrative organ of voivodeship self-government.

2. The Executive Committee shall be composed of:

a) the Voivode as its chairman;

b) Deputy Voivodes;

c) Executive Secretaries;

d) Chairmen of Boards and Committees specified by voivodeship law, who exercise the functions of the supreme organs of voivodeship administration.

3. The Voivodes shall be elected, by secret ballot, in general, equal and direct elections by an absolute majority of valid votes.

4. If no candidate has gained an absolute majority, a second ballot shall be held on the fourteenth day following the first ballot. The candidates who have gained the two largest numbers of votes in the first ballot, and have not withdrawn their candidature, shall take part in the second ballot. The person who gains the largest number of valid votes shall be considered elected.

5. The Voivode shall appoint and dismiss the other members of the Executive Committee. The Voivode shall submit his decision for approval to the Dietine as soon as possible.

6. The Executive Committee shall be responsible and accountable to the Dietine as regards the performance of tasks assigned by the Dietine.

7. Particulars of the composition, terms of reference and rules of procedure of the Executive Committees and their organs shall be established by the voivodeship charter and by voivodeship law.

Chapter 16. FUNDAMENTAL RIGHTS AND DUTIES OF CITIZENS

Article 114

The Polish People's Republic shall strengthen and extend the rights and liberties of citizens. These rights are binding on the legislature, the executive, and the judiciary as directly enforceable law.

Article 115

The dignity of man is inviolable. To respect and protect it is the duty of all state authority.

Article 116

1. All persons are equal before the law.

2. No person may be discriminated for or against on account of sex, birth, education, opinions, trade or profession, nationality, race, religion, social origin and status. Infringement of this principle by any direct or indirect preferences or restrictions of rights shall be punishable.

3. The spreading of hatred or contempt, the provocation of disputes, or humiliation of man on account of sex, birth, education, opinions, trade or profession, nationality, race, religion, social origin and status differences, shall be prohibited.

Article 117

The freedom of the individual is inviolable. No one shall be prevented from doing activities the law does not prohibit. No one may be compelled to participate in activities the law does not require.

Article 118

1. Everyone has the right to inviolability of the person.

2. A person may be deprived of his freedom only in cases specified by the law. The admissibility and duration of freedom of liberty shall be determined exclusively by the court.

3. A person who is deprived of his freedom otherwise than by a court sentence shall have the right to appeal to a court for immediate decision on the lawfulness of that deprivation.

4. A person who is deprived of his freedom shall be brought to a court within forty-eight hours from the moment of his detention so that his case may be reviewed.

5. Any decision by a court ordering or extending a deprivation of freedom shall immediately be notified to the family of the detainee or any other person whom he trusts.

Article 119

1. Everyone has the right to inviolability of the home.

2. Searches may be ordered only by a judge, but in case of danger of delay, may also be carried out by other bodies provided for in the law and only in the form prescribed therein.

3. In other cases, interventions and restrictions to the inviolability of the home may be introduced only in order to prevent a general danger or threat to the life of individuals, and, on the basis of a law, also in order to prevent a sudden threat to public safety and order, in particular in order to alleviate housing shortages, to combat the danger of epidemics or to protect endangered juveniles.

Article 120

1. The privacy of correspondence is inviolable. Correspondence may be monitored only in cases specified by the law.

2. If a monitoring of correspondence serves to protect the common good or the existence or security of the State, the law may provide that the monitoring shall not be communicated to the person concerned and that judicial review shall be substituted by bodies appointed by the representation of the nation and subsidiary bodies.

3. Property may be confiscated only in cases specified by law, by virtue of a final judgement.

Article 121

1. Everyone has the right to freedom of expression and publication, of speech, of meetings and assemblies, of processions and demonstrations.

2. Freedom of the press and of reporting through radio, television and film are guaranteed.

Article 122

1. Freedom of conscience and religion, and freedom of religious and secular belief are inviolable.

2. The Church and other religious societies and organizations shall freely exercise their religious functions. No one shall be prevented from taking part in religious activities and rites. No one may be compelled to participate in religious activities or rites.

3. The Church shall be separated from the State. The principles of the relationship between Church and State, and the legal and patrimonial position of religious societies shall be defined by law.

Article 123

1. Everyone has the right of association for the purpose of promoting political, social, economic, and cultural aims.

2. It shall be prohibited to set up and to participate in associations whose objective or activities menace the socio-political system or the legal order of the Polish People's Republic.

3. The right to associate for the protection and improvement of working conditions and economic conditions are guaranteed for everyone and for all professions. Agreements which restrict or prevent the exercise of this right shall be null and void and measures taken to that end shall be unlawful.

Article 124

1. Everyone has the right to approach all organs of the State with appeals, complaints and grievances, individually or jointly with others.

2. Appeals, complaints and grievances of citizens shall be examined and settled without delay and justly. Those guilty of protraction shall be called to account.

Article 125

1. Everyone has the right to a fair trial. No one may be deprived of the court to which he is subject by law.

2. An act shall be punishable only if it was a criminal offense at the moment it was committed.

3. No one shall be punished more than once for the same act.

4. No one shall be punished more harshly than the maximum criminal offense applicable for an act at the moment it was committed.

Article 126

1. Every Citizen of the Polish People's Republic shall have the right to work: that is, the right to employment paid in accordance with the quantity and quality of the work done.

2. Every Citizen of the Polish People's Republic shall have the right to choose his employment, to advance his work, and to a remuneration capable of supporting a reasonable standard of living.

Article 127

1. Citizens of the Polish People's Republic shall have the right to rest and leisure.

2. The right to rest and leisure shall be assured to workers by the statutory limitation of work time through the application of the eight-hour working day or shorter work time in cases specified by law, by statutory days free of work, and annual paid holidays.

Article 128

1. Citizens of the Polish People's Republic shall have the right to health protection and to aid in the event of sickness or disability to work.

2. The State shall put this right into effect, subject to the resources then available to it, through -

a) the development of social insurance to cover sickness, old age and disability to work, and of various forms of social assistance;

b) the development of State-organized protection of health and the raising of-health standards of the population, free medical service for all people and their families, a steady improvement of safety conditions, protection and hygiene of work, extensive prevention and treatment of diseases, and care for the disabled;

c) the development of hospitals, sanatoria, out-patient clinics, medical aid centers, and sanitation facilities.

Article 129

Citizens of the Polish People's Republic shall have the right to benefit from the natural environment and it shall be their duty to protect it.

Article 130

1. Citizens of the Polish People's Republic shall have the right to education.

2. The State shall put this right into effect, subject to the resources then available to it, through -

a) free education,

b) universal and compulsory elementary education,

c) spreading of secondary education,

d) the development of higher education,

e) the aid of the State in raising the skills of citizens employed in industrial establishments and other places of employment in town and country,

f) the scheme of State scholarships, the development of hostels, boarding schools and students' hostels, as well as other forms of material aid.

Article 130

1. Women in the Polish People's Republic shall have equal rights with men in all the fields of public, political, economic, social, and cultural life.

2. The equality of rights of women shall be guaranteed by -

a) equal rights with men to work and pay according to the principle "equal pay for equal work", the right to rest and leisure, to social insurance, to education, to honours and decorations, to hold public offices;

b) mother-and-child care, protection of expectant mothers, paid leave before and after confinement, the development of a network of maternity clinics, creches and nursery schools, subject to the resources then available to the State.

3. The Polish People's Republic shall consolidate the position of women in society, especially of gainfully-employed mothers and women.

Article 130

1. Marriage, motherhood and family shall be safeguarded and protected by the Polish People's Republic. The State shall extend special protection to families with several children.

2. It shall be the parents' duty to bring up their children to become law-abiding citizens of the Polish People's Republic, aware of their duties.

3. The Polish People's Republic shall ensure the implementation of the rights and obligations of maintenance.

4. Children born out of wedlock shall have equal rights with those born in wedlock.

5. Regardful of the interests of the family, the Polish People's Republic shall strive to improve housing conditions, and in co-operation with citizens it shall develop and promote various forms of house building, especially those conducted by co-operative societies; importance shall be attached to proper management of the housing resources.

Article 131

The Polish People's Republic shall pay special attention to the education of youth and shall provide conditions for active participation of the young generation in public, political, economic, and cultural life, teaching the youth to be co-responsible for the progress of the Country.

Article 132

The Polish People's Republic shall grant asylum to nationals of other countries persecuted for political reasons or effectively denied the rights guaranteed in this Constitution.

Article 133

Polish citizens staying abroad shall enjoy the protection of the Polish People's Republic.

Article 134

It shall be the duty of the citizens of the Polish People's Republic to conscientiously perform their duties toward the Country and contribute to its development.

Article 135

It shall be the duty of every citizen of the Polish People's Republic to abide by the provisions of the Constitution and laws, to respect the principles of community life, and to do his duty toward the State conscientiously.

Article 136

1. It shall be the sacred duty of every citizen to defend the Country.

2. Military service shall be a duty of citizens of the Polish People's Republic.

3. No one shall be forced into military service against his conscience. An alternative civil service shall be provided for conscientious objectors. Details shall be regulated by law.

Article 137

1. It shall be the duty of every citizen of the Polish People's Republic to exercise vigilance against enemies of the Nation and to guard State secrets carefully.

2. High treason - espionage, subverting the Armed Forces, desertion to the enemy - shall be punished as a grave crime, with the full severity of law.

Chapter 17. PRINCIPLES OF ELECTIONS TO THE DIET AND TO THE PRESIDENCY

Article 138

Every citizen who has attained the age of eighteen years, irrespective of sex, nationality and race, religion, education, length of residence, social origin, profession or property, shall have the right to vote.

Article 139

Every citizen who has attained the age of twenty-one years shall be qualified to be elected to the Chamber of Deputies, and every citizen who has attained the age of thirty years shall be qualified to be elected to the Senate, provided he has been permanently resident on the territory of the Polish People's Republic for a period of at least 5 years.

Article 140

1. Women shall have all electoral rights on equal terms with men.

2. The law shall promote equal access for women and men to elected mandates and posts.

Article 141

Citizens serving in the Armed Forces shall have the right to vote on equal terms with civilians, but shall not have the right to be elected during their military service.

Article 142

Electoral rights shall be denied to persons of unsound mind, and to persons disenfranchised by a Court decision.

Article 143

1. Candidates to the Diet shall be nominated by political and social organizations and by the electorate.

2. Candidates to the Presidency shall be nominated by -

a) political and social organizations;

b) at least 20 members of the Diet;

c) at least 500 members of Dietines and People's Councils, of which there shall be at least 20 in 8 different voivodeships;

d) a petition supported by the signatures of at least 100,000 persons having the right to vote, of which there shall be at least 1,500 in 8 different voivodeships.

Article 144

1. The procedure for the nomination of candidates and for holding elections to the Diet and to the Presidency shall be defined by law.

Chapter 18. COLOURS, NATIONAL ANTHEM, AND CAPITAL OF THE POLISH PEOPLE'S REPUBLIC

Article 145

1. The image of a crowned white eagle on a red field shall be the coat-of-arms of the Polish People's Republic.

2. White and red shall be the colours of the Polish People's Republic.

3. Dąbrowski's Mazurka shall be the national anthem of the Polish People's Republic.

4. Particulars shall be specified by law.

Article 146

The coat-of-arms, colours, and national anthem of the Polish People's Republic shall enjoy respect and be an object of special protection.

Article 147

Warszawa, the city which embodies the heroic traditions of the Polish Nation, shall be the capital of the Polish People's Republic.

Chapter 19. PROCEDURE FOR AMENDING THE CONSTITUTION

Article 148

The Constitution may be amended only by an Act passed by the Diet of the Polish People's Republic by a majority of not less than two-thirds of the votes, not less than half the total number of Deputies being present.