The executive power – the President of the Republic of Poland and the Council of Ministers
The system of government of the Republic of Poland is based on the separation of and balance between the legislative, executive and judicial powers.
The executive power in Poland is vested in the President of the Republic of Poland and the Council of Ministers.
You will understand the responsibilities of the Polish President and you will be able to provide examples from his daily life.
You will be able to describe and explain the process of forming the Council of Ministers.
You will be able to describe the structure of the Council of Ministers and name its competences.
You will be able to name and explain the competences of the Prime Minister.
You will be able to explain the political and constitutional responsibility of the executive power.
You will be able to explain the relations between the executive bodies and the legislative in Poland.
According to the Constitution, the President of the Republic of Poland and the Council of Ministers exercise executive power in Poland. This means that the creators of the Constitution adopted a model of shared executive power characteristic of parliamentary‑cabinet systems. However, contrary tocontrary to the classical parliamentary model, the President of the Republic of Poland does not only perform a representative function, but also has his own competences in selected areas of the executive branch. This does not change the fact that the most important competencies in the area of the executive belong to the Council of Ministers and the Prime Minister.
Do you know which categories the presented competences of the President of the Republic of Poland belong to? Check your knowledge.
| Dismissing a minister in whom the Sejm has passed a vote of no confidence. | competencies towards the Council of Ministers |
| Convening the Cabinet Council (the Council of Ministers meeting presided over by the President, convened in matters of particular importance to the State). | competencies towards the Council of Ministers |
| Ordering the promulgation (publication) of a statute or an international agreement in the Journal of Laws of the Republic of Poland. | competencies towards the Sejm and the Senate |
| Shortening of the term of office of the Sejm (in the instances specified in the Constitution). | competencies towards the Sejm and the Senate |
| Being the “supreme representative of the Republic of Poland” (together with the Prime Minister and the Minister of Foreign Affairs). | competencies in terms of foreign affairs |
| Receiving Letters of Credence and recall of diplomatic representatives of other states and international organizations accredited to him. | competencies in terms of foreign affairs |
| In times of peace exercising command over the Armed Forces through the Minister of National Defence. | competencies in terms of authority over the armed forces and state security |
| In the event of a direct external threat to the State, ordering a general or partial mobilization and deployment of the Armed Forces in defence of the Republic of Poland. | competencies in terms of authority over the armed forces and state security |
| Having an advisory organ regarding internal and external security of the State – the National Security Council. | competencies in terms of authority over the armed forces and state security |
Mark the President's competencies with the appropriate colors:
towards the Council of Ministers – yellow,
towards the Sejm and the Senate – violet,
towards the judiciary – gray,
in terms of foreign affairs – orange,
in terms of authority over the armed forces and state security – turquoise,
traditional presidential responsibilities – green.
{yellow}appointing the Council of Ministers{/yellow} {green}conferring orders and decorations{/green} {gray}appointing judges{/gray}
{turquoise}being the Supreme Commander of the Armed Forces of the Republic of Poland{/turquoise} {violet}introducing legislation{/violet}
{yellow}nominating and appointing the Prime Minister{/yellow}
{violet}proclaiming elections to the Sejm and the Senate{/violet} {gray}appointing the First President of the Supreme Court{/gray}
{violet}refusing to sign (vetoing) a bill{/violet}
{orange}appointing and recalling the plenipotentiary representatives of the Republic of Poland to other states and to international organizations{/orange}
{green}granting Polish citizenship{/green}
{turquoise}for a period of war, appointing the Commander-in-Chief of the Armed Forces{/turquoise}
Organize the President’s competencies and responsibilities according to categories.
appointing the President and Vice-President of the Constitutional Tribunal, accepting resignation of the Council of Ministers, appointing the President of the Supreme Administrative Court, granting academic titles, conferring military ranks, ratifying and renouncing international agreements, exercising the power of pardon, summoning the first sitting of a newly elected Sejm and Senate, signing a bill, appointing the Chief of the General Staff and commanders of branches of the Armed Forces
| Competencies towards the Council of Ministers | |
|---|---|
| Competencies towards the Sejm and the Senate | |
| Competencies towards the judiciary | |
| Competencies in terms of foreign affairs | |
| Competencies in terms of authority over the armed forces and state security | |
| Traditional presidential responsibilities |
Film dostępny na portalu epodreczniki.pl
animacja How is the Council of Ministers appointed?
Review the process in which the Council of Ministers is appointed. Answer the questions. When in doubt, turn over the flashcard.
| How many possible procedures are there? When does the next procedure begin? | Three. The next one begins if the previous one failed. |
| How does the President of the Republic choose a Prime Minister? | He usually chooses the leader or one of the leaders of the party that has won the parliamentary elections. |
| What is the first assignment of a newly elected Prime Minister? | He has to propose a composition of the Council of Ministers. |
| What does the Prime Minister have to do after being sworn in by the President of the Republic? | He has to submit a programme of activity of the Council of Ministers (exposé) to the Sejm within the next 14 days. |
| What is the meaning of an exposé for a newly appointed Council of Ministers? | It is at the same time a motion requiring a vote of confidence, which is a sign of support for the government. |
| What is the rule for a vote of confidence in the first two procedures? | An absolute majority is required in the presence of at least half of the statutory number of deputies. |
The structure and competences of the Council of Ministers
The Constitution of the Republic of PolandArticle 147
The Council of Ministers shall be composed of the President of the Council of Ministers (Prime Minister) and ministers.
Vice‑presidents of the Council of Ministers (Deputy Prime Ministers) may also be appointed within the Council of Ministers.
The Prime Minister and Deputy Prime Ministers may also discharge the functionsdischarge the functions of a minister.
The presidents of committees specified in statutes may also be appointed to membership in the Council of Ministers.
Article 149
Ministers shall direct a particular branch of government administration or perform tasks allocatedallocated to them by the Prime Minister. The scope of activity of a minister directing a branch of government administration shall be specified by statute.
Source: The Constitution of the Republic of Poland.
Cabinet ministers may originate fromoriginate from the Sejm and Senate, but they may also be selected from outside of the legislature. There are two categories of ministers:
department ministers, who exercise authority and responsibility within the central government’s administration;
ministers without portfolio, who do not direct any of the government’s administrative bodies, yet perform tasks designated todesignated to them specifically by the Prime Minister.
Competences of the Council of Ministers
coordination and control over the government administration,
foreign policy,
finances and public property,
creating and executing the law (in the form of regulations),
national security.
Competences of the Prime Minister
The Constitution of the Republic of PolandArticle 148
The Prime Minister shall:
represent the Council of Ministers;
manage the work of the Council of Ministers;
issue regulationsissue regulations;
ensure the implementation of the policiesimplementation of the policies adopted by the Council of Ministers and specify the manner of their implementation;
coordinate and control the work of members of the Council of Ministers;
exercise, within the limits and by the means specified in the Constitution and statute, supervisionsupervision of local government.
be the official superiorsuperior of employees of the government administration.
Source: The Constitution of the Republic of Poland.
Political responsibility of the Council of Ministers
The Council of Ministers is politically accountable before the Sejm. Each of the ministers, the Prime Minister or the whole cabinet may be held accountable for their policies thanks to the institution of the vote of no‑confidence.
The cabinet will also be dismissed in one of the following instances:
when the Sejm has not passed the vote of confidence in the Council of Ministers,
when the Prime Minister resignsresigns,
when the newly elected Sejm holds its first sitting.
The political responsibility does not mean the Council of Ministers (necessarily) broke the law. It means that the Sejm is not satisfied with the way the policies are being implemented, and no longer trusts the Council to carry out the executive function.
1. The Prime Minister has to submit the resignation of the Council of Ministers at the first sitting of a newly elected Sejm.
2. When a vote of confidence in the Council of Ministers has not been passed by the Sejm during the process of appointing a Council of Ministers, the government has to resign.
3. When the Prime Minister or all of the ministers decide themselves they wish to resign (also in case of death of a Prime Minister) the government is dismissed.
4. The Council of Ministers has to resign when a vote of no confidence has been passed against the Council of Ministers. The Sejm passes a vote of no confidence by a majority of votes of the statutory number of deputies, on a motion moved by at least 46 deputies and which shall specify the name of a candidate for Prime Minister (the so-called constructive vote of no confidence).
Study the different types of responsibility that the representatives of the executive power incur. Assign each information to the correct type of responsibility.
is borne before the Sejm, is borne before the Tribunal of State, applies to members of the Council of Ministers and the President of the Republic of Poland, concerns decisions and activities in the field of various state policies, applies to the Council of Ministers (collectively or individually), concerns violations of the Constitution or of a statute
| Political responsibility | |
|---|---|
| Constitutional accountability |
The relations between the executive bodies – the Council of Ministers and the President of the Republic of Poland – and the legislative are quite complicated. On the one hand, there are some characteristic solutions for countries with a parliamentary‑cabinet system of government, and on the other – for those with the semi‑presidential system. The first group includes the dependence of the formation and duration of the Council of Ministers on the will of the parliamentary majority and the formal separation of the executive power. The solutions borrowed from the semi‑presidential systems are primarily the election of the President in the general (universal and direct) elections, active participation of the President in the process of forming the cabinet or the independent competences of the President, especially within the scope of legislative power, like the right to introduce legislation or veto the statutes adopted by the Sejm.
Listen to the abstract recording to review the material and new vocabulary. Then do the vocabulary exercise. Match the pairs: English and Polish words.
nadzór, rozdzielać (funkcje), przełożony, przeciwnie do, wydawać (rozporządzenia), wyznaczony do/na, wdrażać (politykę), przedzielony
| contrary to | |
| to discharge (functions) | |
| allocated | |
| designated to | |
| issue (regulations) | |
| supervision | |
| superior | |
| to implement (policies) |
Keywords
Council of Ministers, the Prime Minister, the cabinet, vote of (no-)confidence, department ministers, ministers without portfolio, political responsibility, regulations, executive branch
Glossary
przeciwnie do
rozdzielać (funkcje)
przedzielony
pochodzić z
wyznaczony do/na
wydawać (rozporządzenia)
nadzór
przełożony
zrezygnować, podać się do dymisji
wdrażać (politykę)