Chapter 5
ELECTION, APPOINTMENT AND RECALL OF ORGANS
OF THE STATE
Article 26
1. The Sejm shall elect Deputy Chairpersons and members of the Tribunal of State, judges of the Constitutional Tribunal, members of the Council of the Institute of National Remembrance - the Commission for Prosecuting Crimes against the Polish Nation, members of the Council for Monetary Policy and members of the National Council of Radio Broadcasting and Television, as well as those Deputies of the Sejm who are to be members of the National Council of the Judiciary.
2. The election of members of the Tribunal of State shall be held at the same time, unless the Sejm decides otherwise. The same procedure shall apply to the election of members of the Council for Monetary Policy and the Deputies of the Sejm who are to be members of the National Council of the Judiciary.
3. In the event of a vacancy in individual posts within the Tribunal of State, the Sejm shall hold supplementary elections applying, as appropriate, the provisions relating to the Tribunal of State. Supplementary elections to fill individual vacancies shall be held separately, unless the Sejm decides otherwise.
4. The provisions of para. 3 above shall apply, as appropriate, to supplementary election of Deputies of the Sejm who are to be members of the National Council of the Judiciary.
Article 27
1. The Sejm shall, on the recommendation of the President, appoint the President of the National Bank of Poland.
2. The Sejm shall recall the President of the National Bank of Poland in cases specified by statute.
Article 28
1. The Sejm shall, on request of the Council of the Institute of National Remembrance - the Commission for Prosecuting Crimes against the Polish Nation, appoint the President of the Institute of National Remembrance - the Commission for Prosecuting Crimes against the Polish Nation.
2. In instances specified by statute, the Sejm shall recall the President of the Institute of National Remembrance - the Commission for Prosecuting Crimes against the Polish Nation as well as a member of the Council of the Institute of National Remembrance - the Commission for Prosecuting Crimes against the Polish Nation, on request of the Council of the Institute of National Remembrance - the Commission for Prosecuting Crimes against the Polish Nation.
3. Resolution of the Sejm on the appointment or recall of the President of the Institute of National Remembrance - the Commission for Prosecuting Crimes against the Polish Nation shall be immediately submitted by the Marshal of the Sejm to the Marshal of the Senate to obtain the Senate's consent.
Article 29
1. The Sejm shall appoint the President of the Supreme Chamber of Control, the Commissioner for Citizens' Rights, the Commissioner for Children's Rights and Inspector General for the Protection of Personal Data.
2. The Sejm shall recall the President of the Supreme Chamber of Control, the Commissioner for Citizens' Rights, the Commissioner for Children's Right and Inspector General for the Protection of Personal Data in cases specified by statute.
3. In cases specified by statute, the Marshal of the Sejm shall immediately deliver resolutions of the Sejm on the matters specified in paras. 1 and 2 to the Marshal of the Senate for approval by the Senate.
Article 30
1. Recommendations concerning the election or appointment by the Sejm of individual persons to particular State offices specified in Articles 26 and 29 may be submitted by the Marshal of the Sejm or at least 35 Deputies, except for the office of a judge of the Constitutional Tribunal for which recommendations shall be made by the Presidium of the Sejm or at least 50 Deputies, and for the office of the Commissioner for Children's Rights for which recommendations shall be made by the Marshal of the Sejm, the Marshal of the Senate or a group of at least 35 Deputies or at least 15 Senators. The second sentence of Article 4, para. 2 shall apply as appropriate.
2. A recommendation shall be accompanied by justifications, personal details of the candidate and his consent to stand as a candidate.
3. Recommendations shall be lodged with the Marshal of the Sejm within a time limit:
1) of 30 days before the expiry of the term of office;
2) of 21 days following the day of recall or declaration of the expiry of the mandate;
3) specified by the Marshal of the Sejm on the first day of the first sitting of the Sejm - in respect of candidates for Deputy Chairpersons and members of the Tribunal of State.
4) specified by the Marshal of the Sejm in the event of the election of the organ for the first time, where statute does not specify time limits for nomination of candidates, and also in the event of further elections where the expiry of the term of office does not result from acts promulgated in the Official Gazette of the Republic of Poland "Monitor Polski".
4. The voting shall be held no earlier than the seventh day following the delivery to the Deputies of the paper containing the candidacies.
5. Recommendations concerning the election or appointment by the Sejm of individual persons to particular State offices specified in Articles 26-29 or recall therefrom shall be referred by the Marshal of the Sejm to an appropriate Sejm committee for its opinion. Other committees concerned may send representatives to the sitting of a relevant committee.
6. Opinions in relation to recommendations, referred to in para. 1, shall be given by the committee, in writing, to the Marshal of the Sejm.
7. The Marshal of the Sejm shall order delivery to the Deputies of a printed copy of the committee's opinion.
8. Consideration by the Sejm of the recommendation referred to in para. 1, may occur no sooner than the day following the delivery to the Deputies of a printed copy of the committee's opinion.
9. In certain cases, the Sejm may shorten the proceedings by beginning consideration of the recommendation:
1) without referring it to the appropriate committee;
2) sooner than provided for in para. 8.
Article 31
1. The election or appointment of individual persons to State offices specified in Articles 26-29 shall be passed by an absolute majority of votes, however, the appointment and recall of the President of the Institute of National Remembrance - the Commission for Prosecuting Crimes against the Polish Nation shall be passed by a 3/5 majority of votes.
2. In the event that more than one candidate has been nominated for a given post, and if, in the case of election of persons referred to in Article 26 para. 2, the number of candidates exceeds the number of posts to be filled by election, the provisions of Article 4 paras. 4 and 5 shall apply as appropriate.
3. A resolution concerning such election, appointment or recall shall be published in the Official Gazette of the Republic of Poland - "Monitor Polski".