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THE SMALL CONSTITUTION OF 1992

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Chrusciak R.

Przegląd Sejmowy

2007

issue 5(82)

89-110

The Constitutional Act of 17 October 1992 on the mutual relations between the legislative and executive institutions of the Republic of Poland and on local self-government, called popularly the Small Constitution, is the third constitutional act in Poland's modern history characterized by a limited scope of regulation and temporary (provisional) nature. The one and a half year period of preparation and adoption of the Act was an essential element of shaping the concept of a democratic constitutional order. The essence of this process was to depart from the system based on the principle of uniformity of power and on formal supremacy of the Sejm, and to strive to build the constitutional system based on the principles of a democratic state governed by the rule of law. Another important background of this course of action was the protracted work on a comprehensive and new basic law. The Constitutional Act of 17 October 1992 contained the provisions concerning mostly the Sejm, the Senate, the President of the Republic of Poland, the Council of Ministers and local self-government. Its adoption has made it possible to repeal the Constitution of 1952, however some provisions of the latter was continued in force. So, it was decided that the Small Constitution (composed of 78 articles) was in effect together with 62 articles of the Constitution of 1952 continued in force. Moreover, the Constitutional Act of 23 April 1992 governing the procedure for work on a new basic law was in force. The most significant solutions implemented by the Small Constitution of 1992 include: the tripartite division of powers; regulation of the relations between the executive and the legislative branches of power on the basis of mechanisms typical of the parliamentary system of government (particularly a vote of no confidence); the enhanced status of a Deputy and Senator; improved and modernized legislative and budgetary procedures; altered powers of the President of the Republic (particularly by introducing the requirement of countersigning); strengthening the position and increasing autonomy of the Council of Minister and Prime Minister. High political tensions, in particular between President Lech Walesa and the Sejm, as well as imperfection of adopted regulations, has caused that the practice of application of the Constitutional Act of 17 October 1992 was accompanied by frequent disputes on competence, as well a applications being addressed to the Constitutional Tribunal. As a transitional act, the Small Constitution was in force from December 1992 to October 1997. Nevertheless, many of its solutions, especially those concerning the relations between the legislative and executive branches of power were maintained in the Constitution of the Republic of Poland of 2 April 1997.

THE RAPORT OF THE NATIONAL BROADCASTING COUNCIL AS A FORM OF POLITICAL ACCOUNTABILITY

100%

Chrusciak R.

Przegląd Sejmowy

2008

issue 1(84)

29-44

The National Broadcasting Council (KRRiT) is subject to political accountability that is enforced under specific procedure that is not applied to any other constitutional body. The procedure is initiated with a yearly report submitted to the Sejm, the Senate and the President of the Republic. The Sejm and the Senate may accept or reject the report by means of a resolution. If one, or both, of the chambers accepts the report, the proceedings is concluded. But the rejection of the report by both chambers opens the way to expiration of the term of office of the Council. However, the expiration will not take place without the approval from the President of the Republic. This means that an unanimous negative assessment of the report of the Council by the Sejm, the Senate and the President of the Republic is required to enforce political accountability of the Council in the form of expiration of its term of office. The political nature of this form of accountability results mostly from the lack of legal specification of the conditions of assessment of the report, which opens the way to application of political criteria of such assessment. Of importance is also the fact that the assessment of the report is made by bodies which are political by nature.

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2 Przegląd Sejmowy

2 Chrusciak R.

1 2008

1 2007

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THE SMALL CONSTITUTION OF 1992

THE RAPORT OF THE NATIONAL BROADCASTING COUNCIL AS A FORM OF POLITICAL ACCOUNTABILITY