Chapter 4

Chapter 4
THE COUNCIL OF MINISTERS OF THE REPUBLIC OF POLAND
(THE GOVERNMENT)

Article 51

1. The Council of Ministers shall conduct the internal affairs and the foreign policy of the Republic of Poland.

2. The Council of Ministers shall manage the entire governmental administration.

Article 52

1. The Council of Ministers shall make decisions in all matters relating to the policy of the State, which have not been reserved by this Constitutional Act or other statute to the President or to another organ of State administration or self-government.

2. The Council of Ministers, in particular:

1) shall ensure the implementation of statutes;

2) shall issue regulations which have the force of statutes, satisfying the requirements specified in Article 23 of this Act;

3) shall direct, coordinate and control the work of all other organs of government administration, being responsible for their activity to the Sejm;

4) shall protect, pursuant to statutes, the interests of the State Treasury;

5) shall prepare the draft Budget and drafts of other financial plans of the State, and supervise their implementation, following their approval by the Sejm;

6) shall supervise local self-government and other forms of self-government within the limits and by means specified in the Constitutional Act and other statutes;

7) shall maintain the relations and shall conclude treaties with the governments of foreign states and with international organizations;

8) shall ensure the external and internal security of the State.

Article 53

1. The Council of Ministers (the Government) shall be composed of:

1) the Prime Minister as its chairman;

2) Deputy Prime Ministers;

3) Ministers:

4) Persons appointed under the procedure established in Articles 57-62, whose membership stems from the relevant statutes concerning special matters.

2. In the event that a Deputy Prime Minister has not been appointed, his duties may be exercised by another minister.

3. The Council of Ministers shall act collectively. The organization and procedure of its work shall be established by statute.

Article 54

1. For the purpose of implementing statutes, and pursuant to authorization provided thereunder, the Council of Ministers shall issue regulations.

2. The Council of Ministers shall pass resolutions within the scope of its constitutional powers.

Article 55

1. The Prime Minister shall direct the work of the Council of Ministers, and he shall coordinate and control the work of individual Ministers.

2. The Prime Minister shall be the chief officer of all employees of the governmental administration.

3. For the purpose of implementing statutes, and pursuant to authorization provided thereunder, the Prime Minister shall issue regulations.

Article 56

1. A Minister shall be appointed to direct a particular department of the government administration or to fulfil the tasks assigned to him/her by the Prime Minister.

2. A Minister directing a government administration department, in the course of his/her business, shall act within the framework of powers specified by the relevant laws, and shall, on the grounds of the authority granted to him/her by these laws, issue regulations and executive orders with a view to the implementation of these laws.

3. (deleted)

4. The Council of Ministers may, on the motion of the Prime Minister, annul a regulation or an executive order issued by a Minister.

Article 57

1. The President shall nominate the Prime Minister, and on his motion the President shall appoint the Council of Ministers according to the composition proposed by the Prime Minister, within a period of 14 days following the first sitting of the Sejm or the acceptance of the resignation of the Council of Ministers. The appointment of the Prime Minister by the President shall be in conjunction with the appointment of the Council of Ministers.

2. The Prime Minister shall, within a period not longer than 14 days following appointment by the President, submit to the Sejm a programme of activity of the Council of Ministers together with a motion requiring a vote of confidence. The Sejm shall pass a vote of confidence by an absolute majority vote.

Article 58

The Sejm shall, in the event that a Council of Ministers has not been appointed pursuant to the provisions of Article 57, choose the Prime Minister and a Council of Ministers composed as indicated by him, by an absolute majority vote within a period of 21 days. The President shall appoint a Government chosen by such means and accept its oath of office.

Article 59

The President shall, in the event that a Council of Ministers has not been appointed pursuant to the provisions of Article 58, appoint the Prime Minister, and on the motion of the Prime Minister, appoint a Council of Ministers pursuant to the provisions of Article 57, provided that the Sejm has passed a vote of confidence by majority vote.

Article 60

The Sejm shall, in the event that a Council of Ministers has not been appointed pursuant to the provisions of Article 59, choose a Prime Minister and a Council of Ministers composed as indicated by him, by majority vote within a period of 21 days. The President shall appoint a Government chosen by such means and accept its oath of office.

Article 61

The Prime Minister shall lay a motion to appoint the Ministers of Foreign Affairs, of National Defence and of Internal Affairs after consultation with the President.

Article 62

The President shall, in the event that a Council of Ministers has not been appointed pursuant to the provisions of Article 60, dissolve the Sejm or, within a period of 14 days, shall appoint the Prime Minister and the Council of Ministers for a period of not longer than 6 months. In the event that the Sejm has not passed a vote of confidence in this Government before the expiry of this period nor has passed a vote of no confidence pursuant to the provisions of Article 66, para. 4, the President shall dissolve the Sejm.

Article 63

The Prime Minister and Ministers shall, in the presence of the President, make the following oath:

"Assuming this office of Prime Minister (Minister) I do solemnly swear to be faithful to the provisions of the Constitution, and that the good of the Homeland and the prosperity of its citizens shall forever remain my supreme obligation".

The oath may be also made with the additional words "So help me. God".

Article 64

The Prime Minister shall submit the resignation of the Government to the President in the following cases:

1) the convocation of the newly elected Sejm;

2) the resignation of the Council of Ministers or of the Prime Minister from office;

3) a vote of confidence has not been granted to the Council of Ministers by the Sejm;

4) a vote of no confidence has been passed by the Sejm.

Article 65

1. The President shall, in the event that a Prime Minister has submitted the resignation of the Government for reasons specified in Article 64, subparas. 1) - 3), accept the resignation.

2. The President, upon accepting a resignation of the Government, shall oblige it to continue with its duties until a new Council of Ministers is appointed.

Article 66

1. The Sejm may resolve, by an absolute majority, upon a vote of no confidence in the Council of Ministers.

2. A motion for a vote of no confidence may be moved by at least 46 Deputies and

shall be put to a vote no sooner than 7 days after it has been laid.

3. In the event that a vote of no confidence has not been passed, a subsequent motion of a like kind may be made after 3 months following the day of the vote upon the previous motion. This time limit shall not apply if the motion is moved by at least 115 Deputies.

4. The Sejm, having passed a vote of no confidence, may at the same time choose a new Prime Minister and oblige him to form a Government pursuant to the provisions of Article 58.

5. The President shall, if the Sejm has passed a vote of no confidence, without at the same time choosing a new Prime Minister, accept the resignation of the Government or shall dissolve the Sejm.

Article 67

1. The Sejm may pass a vote of no confidence in an individual Minister. The provisions of Article 66, para. 1-3 shall apply, as the case may be.

2. A Minister, in whom a vote of no confidence has been passed by the Sejm, shall resign and the President shall accept his resignation.

Article 68

1. A Minister may resign from his office by offering his resignation to the Prime Minister.

2. The President may, upon a motion by the Prime Minister, effect changes in the office of individual Ministers.

Article 69

1. A voivode is an officer of governmental administration and a representative of the Council of Ministers in a voivodeship.

2. The procedure of appointment and recall of voivodes, as well as their scope of activity, shall be established by statute.