Instytucja Prezydenta RP w świetle prac Komisji Konstytucyjnej Zgromadzenia Narodowego (1994-1997)

Abstract

In January 1995 Subcommittee for Editing, General Issues and Regulations for the Introduction of the Constitution worked out a uniform draft of the Constitution of the Republic of Poland in a variant form, which underwent a further process of voting at the Constitutional Committee of the National Assembly. The participants in the discussion over the chapter on the President’s prerogatives were, among others Prof. A. Rzepliński, Dr W. Kulesza, prof. S. Gebethner, Prof. A. Gwiżdż. Some of the articles did not arouse any doubts, and their approval went smoothly, however. there were also some issues that were problematic, and those were discussed and disputed over many times by the Committee. Because of their controversial character those articles were most interesting. The priority issue, which was fundamental from the perspective of all subsequent Committee works, concerned the selection of a system, the response to the question: ‘What model of presidency should be accepted in the new Polish Constitution - presidential or parliamentary-cabinet?’ Other controversial issues included the election of the head of state (by Assembly or directly and generally), President’s duties with reference to imposing veto on laws and acts (constitutional and political veto), and the procedure of rejecting veto by the Parliament, President’s rights concerning the dissolution of Parliament, defining President as a guarantor of the continuity of power, the question: executive or state power?, range of duties of the Head of the State exclusive of counter-signature, the issue of his responsibility for the infringement of the Constitution or law, doubts about the debate whether the Cabinet Council should have consultation and opinion-giving powers, and whether the President’s Chancellery is his executive or auxiliary body. On March 22, 1997 the National Assembly passed the Constitution with 461 votes, 31 against and 5 abstained. President Aleksander Kwaśniewski had 60 days to introduce his amendments, which he did in two days, owing to the fact that he currently followed the work on the document. 40 amendments were considered by the Constitutional Committee of the National Assembly and majority of them were accepted. Having received the social approval by the constitutional referendum, the Constitution came into effect on November 17, 1997.