Constitution (2004)

REFERENDUMS HELD ON EUROPEAN MATTERS: 1

2003: EU - Accession (Yes 77 % - No 23 % - Turnout 59 %)

CONSTITUTIONAL CONDITIONS - Constitution of Poland

Binding referendum provided if amendment of fundamental principles of constitution effected but Art. 6 EU Treaty guarantees integracy of these principles. Binding referendum also provided expressly for international treaties and subjects of particular importance for the state.

ARTICLES ABOUT INTERNATIONAL TREATIES, REFERENDUM AND CONSTITUTIONAL AMENDMENTS

Approval of international treaties without any transfer of sovereignty:
Majority from members of parliament and from senate, Art. 89 I, 120 ConstPoland. Requirements for approval can be regulated by law, Art. 89 III ConstPoland.

Approval of transfer of sovereignty without effect of constitutional amendment:
Majority from both chambers with 2/3 of votes by presence of at least 1/2 of their members, Art. 90 II ConstPoland. Additionally, a referendum in accordance to Art. 125 ConstPoland can be called, Art. 90 III ConstPoland.

Approval of transfer of sovereignty with effect of constitutional amendment:
Not expressly regulated but constitutional amendment required.

Approval of constitutional amendment:
A bill submitted by at least 1/5 of the members of parliament, the senate or the President has to be approved with majority of 2/3 of votes from parliament by presence of at least 1/2 of its members and majority of the members of senate, Art. 235 IV ConstPoland. Amendment of fundamental principles of the constitution requires additionally a confirmatory referendum, Art. 235 VI ConstPoland.

Other constitutional regulations about referendums:
Referendum on subjects of particular importance for the state initiated by the parliament with majority of its members or the President approved by the senate with majority of its members can be called and is binding if more than 1/2 of those having the right to vote have participated in it, Art. 125 ConstPoland. Any referendum has to be determined by the Supreme Court, Art. 125 IV ConstPoland.

RATING AND DEBATE

Eurobarometer (2006), The Future of Europe - Results for Poland, Special Eurobarometer 251, Fieldwork: 23/02 – 15/03 2006. (PDF)

• On 03.09.07 Le Monde reported that if Poland organised the anticipated legislative elections on the envisaged date of 21 October, it could bring risks for the conclusion of the new European treaty at the summit on 18 and 19 October in Lisbon. The institutional mess could, fear certain Brussels officials, enflame the Polish debate and cause the Kaczynski brothers to harden their tone. Careful to avoid any blunders, Brussels diplomats are therefore now envisaging a simple political agreement in October.
• On 18.02.2008 the Polish government took its final step before ratifying the Lisbon Treaty, approving a draft law that will be submitted to the parliament. Under Polish law, the treaty must be approved by at least two-thirds of the 460 members of the parliament.
• The Parliament on 28.02.2008 resolved to vote on the ratification of the European Union's Lisbon Treaty at a later session instead of seeking a public referendum on the issue. Some 357 legislators (representing mainly PO, PSL and LiD) of a total 460 voted for the treaty's ratification by parliament at an unspecified date. Fifty-five were opposed and seven abstained, while the remainder did not take part.
• On 01.04.2008 the Polish parliament approved the the ratification bill for the Lisbon treaty, 384 deputies from the 452-seat Polish parliament voted in favour and 56 against, while 12 abstained - all of them within the conservative Law and Justice Party.
• On 02.04.2008 Poland's Senate approved the EU's Lisbon Treaty, a total of 74 members of the upper house backed a bill from the liberal government authorising President Lech Kaczynski to sign the treaty into law, while 17 voted against and six abstained.
• On 10.10.2009 the Polish President Lech Kaczynski signed the Lisbon Treaty at a ceremony in Warsaw.

PROCEDURE

Parliamentary vote

STATE OF THE PROCEDURE

On 01.04.2008 the ratification bill was approved by the Polish parliament. (384 votes in favour; 56 against and 12 abstentions) and on 02.04.2008 in the Senate (74 votes in favour, 17 against and 6 abstentions). On 10.10.2009 the Polish President Lech Kaczynski signed the Lisbon Treaty

RELEVANT DOCUMENTS AND MATERIAL

Polish Minister for Foreign Affairs Anna E. Fotyga (2007), Statement on the occasion of the opening of the Intergovernmental Conference, 23.07.2007. (PDF)