At the turn of September and October, president Karol Nawrocki is expected to set up a peculiar council to prepare a draft fresh Constitution – according to unofficial findings of the RMF FM. Dariusz Dudek of KUL in Lublin, late appointed the President's advisor, will direct the work of the committee.
Nawrocki is about to change the Constitution almost completely
From the information obtained by RMF FM reporter, the task would cover a very wide scope of changes.
One of the key proposals is to change the governance system. The current parliamentary cabinet model could be replaced by a semi-presidential strategy or akin to the canclerian one. specified a decision would mean a crucial extension of the powers of the head of state.
The Presidential Council is besides to address the issue of judicial reform. The plans include, among others, clarification of the provisions concerning the National Judicial Council – in particular, its mode of work, the scope of operation and the choice of members. The environment of Karol Nawrocki besides wants to constitutionally ban judges from engaging in political activities.
Other areas to be included in the fresh Constitution include provisions concerning the protection of state borders, strengthening the function of local authorities and guarantees for the Polish currency.
How is the Constitution changing in Poland? This is simply a step-by-step procedure.
The amendment of the Constitution of the Republic of Poland is simply a complex, multi-stage process and requires broad political support. Everything is regulated by Article 235 of the Basic Act, which specifically determines who can initiate changes, how they look like in parliament and erstwhile a referendum is possible.
The draft law amending the Constitution may submit:
at least 1/5 of the statutory number of Members (92 parliamentarians),
The Senate,
President of Poland.
The first reading of the task may take place at the earliest 30 days after it has been submitted to the Sejm. The Constitution shall be amended by means of a bill passed in the same form by the Sejm and subsequently no longer than 60 days by the Senate.
As stated in the present Constitution, "the Act amending the Constitution shall pass the Sejm by a majority of at least two-thirds of the votes in the presence of at least half of the statutory number of Members and the legislature by an absolute majority in the presence of at least half of the statutory number of Senators".
"The adoption by the Sejm of a law amending the provisions of Chapters I, II or XII of the Constitution may take place no earlier than 60 days after the first reading of the draft of that law", it is stated.
If the Act amending the Constitution concerns the provisions of Chapters I, II or XII, the legislature or the president may require that, within 45 days of the adoption of the Act by the Senate, an approval referendum be held.
The request must be addressed to the Marshal of the Sejm, who shall immediately manage the referendum within 60 days of the date of the request. "The amendment of the Constitution shall be adopted if the majority of the voters in favour of this amendment" – indicated.
After the full legislative process, the Marshal of the Sejm passes the bill to the president of the Republic of Poland, who has 21 days to sign it and order it to be published in the diary of Laws.
