II. The President of the Republic
The President of the Republic as a superordinate factor of the State coordinates the activities of the supreme organs of State.
The President of the Republic: (a) appoints at his own discretion the Prime Minister and on his recommendation nominates the other Ministers; (b) convenes and dissolves the Diet (Seym) and Senate; (c) opens, adjourns and closes sessions of the Seym and Senate; (d) is the Supreme Head of the Armed Forces; (e) represents the State abroad, receives representatives of foreign States and sends out representatives of the Polish State; (f) decides on war and peace; (g) concludes and ratifies treaties with other States; (h) nominates State officials whose appointment is reserved to him.
(1) The President of the Republic enjoys personal rights constituting his prerogatives.
(2) These prerogatives include: a) the designation of one of the candidates for the Presidency of the Republic and the calling of a referendum; (b) the appointment of his successor in time of war; (c) the nomination and dismissal of the Prime Minister, the First President of the Supreme Court and the President of the Supreme Board of Control; (d) the appointment and dismissal of the Commander-in-Chief and of the Inspector-General of the Armed Forces; (e) the nomination of the judges of the Tribunal of State; (f) the nomination of the Senators receiving their mandate by the President's selection;
(g) the appointment and dismissal of the Director and officials of the President's Household; (h) the dissolution of the
Seym and Senate before the expiration of their term; (i) impeachment of members of the Government before the
Tribunal of State; (j) application of the right of pardon.
(1) The official acts of the President of the Republic require for their validity the countersignature of the Prime Minister and of the competent Minister.
(2) For official acts arising out of the President's prerogatives countersignature is not necessary.
(1) The President of the Republic is not responsible for his official acts.
(2) For actions not connected with the discharge of his duties the President of the Republic cannot be arraigned during the term of his office.
(1) The election of the President of the Republic takes place as follows:
(2) A candidate for Presidency is chosen by the Assembly of Electors.
(3) The retiring President of the Republic has the right to propose another candidate.
(4) If the retiring President of the Republic avails himself of this right, the new President of the Republic shall be chosen by a referendum from between two candidates: the one elected by the Assembly of Electors and the one proposed by the retiring President of the Republic.
(5) If the retiring President of the Republic declares, that he does not intend to use his right to propose a candidate, or if within seven days after the choice made by the Assembly of Electors he does not propose another candidate and does not call a referendum, the candidate of the Assembly of Electors shall be considered elected as the President of the Republic.
(1) The Assembly of Electors consists of the Speaker (Marshal) of the Senate as chairman, the Speaker (Marshal) of the Seym as vice-chairman, the Prime Minister, the First-President of the Supreme Court, the Inspector-General of the Armed Forces and 75 Electors chosen from among the worthiest citizens two-thirds of whom are chosen by the Seym and one-third by the Senate.
(2) The mandates of the Electors lapse by force of the law itself on the day the newly elected President of the Republic assumes office.
(1) The Assembly of Electors is convened by the President of the Republic not later than fifteen days before the expiration of his term of office.
(2) Three days before the date of the session of the Assembly, the Seym and Senate shall meet separately, on the invitation of their Speakers, for the election of the Electors.
(3) If the Seym and Senate are dissolved and the result of the new elections to the Legislative Chambers is not yet announced—the choice of the Electors shall be made by the deputies and senators who composed the preceding Seym and Senate.
(1) The President of the Republic before assuming office takes the following oath:
Conscious of my responsibility before God and history for the destinies of the State, I swear as President of the Republic, before God Almighty united in the Holy Trinity, to defend the sovereign rights of the State, to guard its dignity, to apply the Constitution, to administer equal justice to all the citizens, to avert evil and danger from the State and to regard solicitous care for the welfare of the State as my supreme duty. So help me God and His Son's Holy Passion. Amen.
(2) The Act of Oath shall be signed by the newly elected President of the Republic and by the officials present.
(1) The term of office of the President of the Republic lasts seven years counting from the day on which he assumes office.
(2) This term shall be extended by the time necessary for the electoral procedure to be concluded in case a referendum for the election of a new President of the Republic should be called.
If the President of the Republic dies before his seven year term of office expires, or if he resigns his office, the Speaker of the Senate shall immediately summon the Assembly of Electors, so that they may select a candidate for the Presidency; in the event that he proposes another candidate himself, he shall call a referendum.
(1) Should the President of the Republic be permanently unable to execute his functions, the Speaker of the Senate shall summon a joint session of the Legislative Chambers ii order to decide whether the President is to be considered as vacant.
(2) The resolution recognizing the office as vacant passes by a three-fifths majority of the statutory number o the members of the combined Chambers.
(3) Should the above resolution be passed, the Speaker of the Senate shall immediately summon the Assembly o Electors.
While the office of the President of the Republic is vacant, the Speaker of the Senate exercises the functions of the President in his place, and should the Senate be dissolved, the Speaker of the dissolved Senate; he then enjoys all the rights vested in the office of the President of the Republic.
(1) In time of war the term of the President's office shall be prolonged to three months after the conclusion of peace; the President of the Republic shall then by a special ac promulgated in the Official Journal of Laws, appoint his successor, in case the office falls vacant before the conclusion of peace.
(2) Should the President's successor assume office, the term of his office shall last up to the lapse of three months after the conclusion of peace.