Article 1

1. A Commissioner for Citizens' Rights shall be established.

2. The Commissioner for Citizens' Rights, hereinafter called the Commissioner, shall safeguard the observance of citizens' rights and freedoms specified in the Constitution of the Republic of Poland and other legal provisions.

3. The Commissioner shall, in cases concerning protection of rights and freedoms, examine whether, due to the action or omission by the organs, organizations and institutions obliged to observe and exercise these rights and freedoms, the law as well as the principles of social justice and co-existence have been violated.

Article 2

The Commissioner shall be a Polish citizen, respected for his legal knowledge, professional experience and stature based on his moral integrity and social awareness.

Article 3

1. The Commissioner shall be appointed by the Sejm, with the consent of the Senate, upon the motion by the Marshal of the Sejm or a group of 35 Deputies.

2. The detailed procedure for nominating candidates for the Commissioner of Citizens' Rights shall be specified by the resolution of the Sejm.

3. The Marshal of the Sejm shall immediately send the resolution of the Sejm on the appointment of the Commissioner to the Marshal of the Senate.

4. The Senate shall, within one month of the day of delivery to the Senate of the Sejm's resolution referred to in para. 3, pass a resolution on the consent to appointment of the Commissioner. Non-submission of a resolution by the Senate shall be considered to be a consent.

5. The Sejm shall, if the Senate refuses to give its consent to appointment of the Commissioner, appoint another person as Commissioner. The provisions of paras. 1 to 4 shall apply accordingly.

6. The outgoing Commissioner shall perform his duties up to the time of accession to office by a new Commissioner.

Article 4

The Commissioner shall, before the accession to office, take the following oath:

"I do solemnly swear that whilst fulfilling the duties I have assumed, I shall be faithful to the Constitution of the Republic of Poland, I shall safeguard the rights and freedoms of citizens, abiding by the principle of social justice and co-existence.

I pledge that I shall impartially, diligently and conscientiously fulfil the duties I am charged with, that I shall safeguard the dignity of my office and shall maintain inviolate all State and official secrets."

Article 5

1. The term of office of the Commissioner shall be four years beginning with the day of his taking the oath before Sejm.

2. No person shall be Commissioner for more than two terms of office.

Article 6

1. The Commissioner shall be independent in his activity, he shall not depend on other State organs and shall be accountable only to the Sejm according to the principles specified by statute.

2. The Commissioner may not be prosecuted before a criminal court, arrested or detained without the permission of the Sejm.

3. The duties of the Commissioner shall not be exercised jointly with any other employment or public function.

4. The Commissioner shall, after cessation of the exercise of his duties, have the right to return to his prior occupation or its equivalent, unless there are no legal obstacles thereto.

Article 7

1. The Sejm shall recall the Commissioner before the expiry of the term of office for which he was appointed, where:

1) he has resigned from his duties;

2) he has become permanently incapable of exercising his duties due to illness, disability or infirmity;

3) he has violated his oath.

2. The Sejm shall adopt a resolution on the recall of the Commissioner upon the motion of the Marshal of the Sejm.

Article 8

The Commissioner shall undertake actions prescribed in this Act if he has received information indicating a violation of citizens' rights or freedoms.

Article 9

The commencement of action by the Commissioner shall occur:

1) on application by citizens or their organizations;

2) on application by self-government authorities;

3) on his own initiative.

Article 10

The application addressed to the Commissioner shall be free of charge, shall not require any special form, but shall indicate the applicant and the person whose rights and freedoms are concerned in the case, and shall specify the subject matter of the case.

Article 11

The Commissioner may after taking cognizance of each application addressed to him:

1) take up the case;

2) limit himself to indicating to the applicant the measures he is entitled to take;

3) transfer the case according to an appropriate body;

4) decide not to take up the case, notifying the applicant and any person concerned in the case.

Article 12

The Commissioner, when taking up a case, may:

1) undertake explanatory proceedings by himself;

2) demand that the case, or part thereof, be examined by competent organs, in particular by organs of supervision, prosecution as well as State, professional or public control;

3) request that the Sejm order the Supreme Chamber of Control to undertake supervision to examine a particular case or part thereof.

Article 13

1. The Commissioner shall, in the course of proceedings referred to in Article 12, point 1, have the right:

1) to examine each case on site;

2) to demand an explanation or production of the files of a case handled by the supreme and central authorities of State administration, government administration authorities, organs of co-operative, social, professional and socio-professional organizations, organs of organizational units having legal personality, as well as organs of local government units and self-governing organizational units;

3) to demand information on progress of proceedings in cases considered by courts, prosecutor's office or other prosecution organs.

4) to order expert reports or opinions.

2. In cases involving State secrecy, provision to the Commissioner of information or access to files shall be according to principles and procedures specified in the regulations pertaining to protection of State and official secrets.

Article 14

The Commissioner, upon examination of a case, may:

1) explain to the applicant that he has identified no infringement of rights or freedoms of the citizen;

2) reprimand any agency, organization or institution in whose activity he has identified an infringement of citizens' rights or freedoms; such motion may not infringe the independence of the judiciary;

3) request an organ superior to the unit referred to in point 2 to apply measures prescribed by law;

4) demand that proceedings be instituted in civil cases, and may participate in such proceedings - with such powers as are vested in the public prosecutor;

5) demand that preparatory proceedings be instituted by a competent public prosecutor in cases concerning offences prosecuted ex officio;

6) request the institution of administrative proceedings, appeal against decisions to administrative court and participate in such proceedings - with such powers as are vested in the public prosecutor;

7) move for punishment, as well as reversal of a valid decision in proceedings concerning misdemeanours, pursuant to rules and procedure specified in separate regulations;

8) lodge extraordinary appeal against any final and valid sentence, pursuant to rules and procedures specified in separate regulations.

Article 15

1. The Commissioner shall, in the advice referred to in Article 14, point 2, formulate opinions and conclusions in respect of the methods for solution of the case and may also demand that disciplinary proceedings be instituted or official sanctions be imposed.

2. The organ, organization or institution to which such motion has been addressed shall, without unreasonable delay and no later than within 30 days, inform the Commissioner about any action or opinion taken. If the Commissioner does not agree with such opinion, he may approach the relevant superior entity for any necessary action.

Article 16

1. The Commissioner may, in connection with cases examined, present to the relevant organs, organizations and institutions assessments and conclusions aimed at ensuring effective protection of citizens' rights or freedoms and improvements in the procedures relevant to such cases.

2. The Commissioner may also:

1) approach the relevant organs with proposals for legislative initiative or for issue or amendment of other legal acts concerning citizens' rights and freedoms;

2) submit motions referred to in Article 22, para. 1 of the Act of 29th April 1985 on the Constitutional Tribunal (Dziennik Ustaw of 1991, No. 109, item 470) pursuant to rules and procedure specified in the Act;

3) approach the Constitutional Tribunal for universally binding interpretation of the statutes;

4) approach the Supreme Court for resolutions aimed at explaining legal provisions that may appear vague or whose application has caused inconsistencies in judicial decisions.

Article 17

The organ, organization or institution which the Commissioner has approached is obliged to co-operate with him and provide assistance, including in particular:

1) ensuring access to files and documents according to the provisions specified in Article 13;

2) providing the Commissioner with information and explanations required by him;

3) providing explanation concerning the factual and legal basis for its decisions;

4) presenting its opinion on the Commissioner's general evaluations, comments and opinions.

Article 18

1. The provisions of this Act relating to the protection of citizens' rights and freedoms shall also apply to persons permanently residing in Poland whose Polish citizenship has not been ascertained and who are not citizens of another country.

2. The provisions referred to in para. 1 shall also apply to foreigners to the extent of those rights and freedoms to which they are entitled in Poland.

Article 19

1. The Commissioner shall present to the Sejm and the Senate annual reports on his activities and his comments on respect shown for the observance of citizens' rights and freedoms .

2. The Commissioner's report shall be made public.

3. The Commissioner may submit to the Sejm and the Senate particular matters arising from his activities.

4. The Commissioner shall, on the motion of the Marshal of the Sejm, present information or take action in specific cases.

Article 20

1. The Commissioner shall perform his duties with the assistance of the Office of the Commissioner for Citizens' Rights.

2. The tasks and organization of the Office shall be specified in its statutes which shall be enacted, on the Commissioner's motion, by the Marshal of the Sejm.

3. The Marshal of the Sejm may, on the motion of the Commissioner, appoint no more than three Commissioner's deputies, including a deputy for soldiers' affairs. The procedures specified herein shall apply in the event of their recall.

4. The Commissioner shall determine the scope of activity of the Commissioner's deputy (deputies).

5. The relevant regulations on employees of government offices shall apply to the Commissioner's deputies and employees of the Office of the Commissioner for Citizens' Rights.

6. repealed

7. repealed

Article 21

Expenses relating to the functioning of the Commissioner of Citizens' Rights shall be funded from the central budget.

Article 22

The Commissioner, with the Sejm's consent, may appoint local representatives.