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Poland Presidency
The presidency was established by the Round Table
Agreement
to replace the communist-era Council of State as the
primary
executive organ of government. According to the agreement,
the
president was to be elected by the National Assembly to a
term of
six years. Although not the head of government (that
function was
performed by the prime minister), the president was
empowered to
veto legislation and had control of the armed forces. The
negotiators of the Round Table Agreement clearly crafted
the
presidency with the expectation that General Jaruzelski
would be
its first incumbent. A Jaruzelski presidency would have
ensured
PZPR compliance with the concessions the party had made in
the
agreement. Moreover, Jaruzelski was expected to be
effective in
protecting the new political arrangements from Soviet
interference. After solidarity succeeded in forming a
noncommunist coalition government in mid-1989, however,
Jaruzelski lost most of his powers, and the presidency
became a
largely ceremonial office. The office changed drastically
when
Walesa became Poland's first popularly elected president
in late
1990
(see
Political Setting, this ch.).
A constitutional amendment in the spring of 1990
provided for
direct popular election of the president to a five-year
term with
a limit of one reelection. Any Polish citizen at least
thirtyfive years of age was eligible to appear on the ballot
after
obtaining 100,000 nominating signatures.
If accused of violating the constitution and Polish
law, the
president could be indicted before the State Tribunal if
twothirds of the National Assembly so voted. Upon indictment,
the
president would be relieved temporarily of the duties of
office.
A guilty verdict from the State Tribunal would bring
expulsion
from office. The presidency also could be vacated because
of
physical unfitness to hold the office, as determined by
the
National Assembly. In such circumstances, the Sejm speaker
would
temporarily assume the duties of the presidency until a
new
president could be sworn in.
The president's duties include protecting the
constitution;
safeguarding the sovereignty, security, and territorial
inviolability of the Polish state; and overseeing
adherence to
international agreements and treaties. The constitution
authorizes the president to call for elections to the
Sejm,
Senate, and county councils
(see Regional and Local Government
, this ch.). The president also appoints diplomatic
representatives
and officially receives foreign diplomats; acts as
commander in
chief of the armed forces; calls and presides over
emergency
sessions of the Council of Ministers; and performs other
duties
assigned the chief of state by the constitution or by law.
A critical duty of the president is naming the head of
government, the prime minister. The Little Constitution
amends
the procedure prescribed for this function. Originally,
the
president nominated the prime minister, but the Sejm had
to
approve both that nomination and the prime minister's
cabinet
choices that followed. The Little Constitution specifies
that the
president designate the prime minister and appoint the
cabinet
upon consultation with the prime minister. Within two
weeks,
however, the new government must receive the Sejm's
confirmation
(by a simple majority of the deputies present voting in
favor).
If the government is not confirmed, the Sejm then has the
responsibility to nominate and confirm its own candidate,
again
by a majority vote. If the Sejm fails in this attempt, the
president has another chance, this time with the lesser
requirement that more votes be cast for approval than for
nonapproval. Finally, if the president's choice again
fails, the
Sejm would attempt to confirm its own candidate by the
lesser
vote. If no candidate can be confirmed, the president has
the
option of dissolving parliament or appointing a six-month
interim
government. During the interim period, if the Sejm does
not
confirm the government, or one of its own choosing,
parliament
automatically would be dissolved.
The constitution grants the president certain
legislative
prerogatives, including the right to propose legislation;
to veto
acts of the National Assembly (the Sejm could overrule
such a
veto with a two-thirds majority); to ask the
Constitutional
Tribunal to judge the constitutionality of legislation;
and to
issue decrees and instructions on the implementation of
laws.
The president ratifies or terminates international
agreements but
needs prior approval from the Sejm to ratify agreements
involving
sizable financial liability on the state or changes in
legislation.
If national security were threatened, the president
could
declare martial law and announce a partial or full
mobilization.
He or she could also introduce a state of emergency for a
period
of up to three months in case of a threat to domestic
tranquility
or natural disaster. A one-time extension of a state of
emergency, not to exceed three months, could be declared
with the
approval of both houses of the National Assembly.
Data as of October 1992
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