A referendum ordered by the President and approved by the Senate is the essence of modern representative democracy. The above analysis demonstrated that four out of five referendums thus far proposed were simply used as bargain chips in electoral campaigns. The actions of the Heads of State that were taken somewhat “by the way” and calculated to bring a specific result turned out to be futile, as the voter turnout, both on 18 February 1996 and 6 September 2015, was below the required threshold for the referendum results to be legally binding. In the first of the aforementioned referenda the term “enfranchisement” proved difficult to understand for the society as did the aim of the vote and the way the question was formulated. In the second the citizens frequently questioned the honesty and purport of the decision of the head of state that was only reached after B. Komorowski lost first round of presidential elections as well as the cost of the referendum. Whereas in the other cases, the initiatives of the Presidents were “throttled” by the Senate, whose members originated from different political circles than the President at the time. Still in opposition PiS pointed out that in specific political conditions the second chamber of parliament may form an effective barrier for referendum ideas of the head of state and proposed that a referendum ordered by the President with the consent of Senate could only be ordered by the President after the latter has asked the Senate about its opinion. Thus we have the irresistible impression, that politicians are most often putting forward solutions that are beneficial for themselves or such, that meet the expectations of their electorate.
The creation of a special body, whose only task is to rule on matters of violation of the Constitution or laws by the highest state officials, including President is seen relatively rare. Only Greece and Poland introduced such a solution, and until recently, the French rules provide for such a possibility, but an amendment to the Constitution in 2007, changed the regulations in this regard. Subject of the article is an analysis of Polish regulations of the Tribunal of State when the National Assembly adopts a resolution on putting the President on trial for committing a constitutional delict.
The text presents the legal responsibility of the President of the Republic of Poland. Three types of presidential responsibilities have been analyzed: a constitutional, a criminal and a civil one. The paper shows that the specific aspects of the President’s responsibility – in particular a complex manner of its implementation – result in the fact that during the time of the presidency, the Polish President practically is neither constitutionally nor criminally accountable. He / she only holds a civil responsibility.
JavaScript is turned off in your web browser. Turn it on to take full advantage of this site, then refresh the page.