Info
Direct Democracy
DD002
Direct Democracy Provisions (National Level)
Question: Are there any Legal Provisions for Direct Democracy Procedures at the national level?
Answer:
a . Yes
Comments: The Nation shall exercise such (Supreme) power directly or through their representatives.
A nationwide referendum may be held in respect of matters of particular importance to the State.
Source: Election Code: Act of 5 January 2011 on Election Code to the Sejm of the Republic of Poland and to the Senate of the Republic of Poland, article 4 and 125: https://legislationline.org/sites/default/files/documents/40/POL_Election%20Code.pdf
Verified: 2024/11/13
DD003
Mandatory referendums (national level)
Question: Are there any Legal Provisions for Mandatory Referendums at the national level?
Answer:
a . Yes
Comments: If a bill to amend the Constitution relates to the provisions of Chapters I, II or XII, the subjects specified in para. 1 above may require, within 45 days of the adoption of the bill by the Senate, the holding of a confirmatory referendum. Such subjects shall make application in the matter to the Marshal of the Sejm, who shall order the holding of a referendum within 60 days of the day of receipt of the application. The amendment to the Constitution shall be deemed accepted if the majority of those voting express support for such amendment.
Source: Election Code: Act of 5 January 2011 on Election Code to the Sejm of the Republic of Poland and to the Senate of the Republic of Poland, article 235 (6): https://legislationline.org/sites/default/files/documents/40/POL_Election%20Code.pdf
The Act of 14th March 2003 on nationwide referendum
Verified: 2024/11/13
DD004
Optional referendums (national level)
Question: Are there any Legal Provisions for Optional Referendums at the national level?
Answer:
a . Yes
Comments: Granting of consent for ratification of such agreement may also be passed by a nationwide referendum in accordance with the provisions of Article 125.
A nationwide referendum may be held in respect of matters of particular importance to the State.
Source: Election Code: Act of 5 January 2011 on Election Code to the Sejm of the Republic of Poland and to the Senate of the Republic of Poland, articles 90 (3) and 125: https://legislationline.org/sites/default/files/documents/40/POL_Election%20Code.pdf
The Act of 14th March 2003 on nation-wide referendum
Verified: 2024/11/13
DD005
Citizens' Initiatives (national level)
Question: Are there any Legal Provisions for Citizen’s Initiatives at national level?
Answer:
b . No
Comments:
Source: Direct Democracy: The International IDEA Handbook (2008), p. 90&208:
https://www.eods.eu/library/IDEA.Direct-DemocracyEN.pdf
Verified: 2024/11/13
DD006
Agenda Initiatives (national level)
Question: Are there any Legal Provisions for Agenda Initiatives at national level?
Answer:
a . Yes
Comments: The Seym may take a decision on holding a referendum in a specific case on a motion of a group of citizens, if they shall gain support in such a matter of at least 500 000 persons eligible to vote in a referendum.
Source: The Act of 14th March 2003 on nationwide referendum, art. 63(1): http://aceproject.org/ero-en/regions/europe/PL/poland-the-act-of-14th-march-2003-on-nation-wide
Verified: 2024/11/13
DD007
Question: Are there any Legal Provisions for Recalls at national level?
Answer:
b . No
Comments:
Source: Direct Democracy: The International IDEA Handbook (2008), p. 90&208:
https://www.eods.eu/library/IDEA.Direct-DemocracyEN.pdf
Verified: 2024/11/13
DD129
Question: Are the results of referenda always binding, never binding or sometimes binding?
Answer:
b . Sometimes binding
Comments: A result of a nationwide referendum shall be binding, if more than half of the number of those having the right to vote have participated in it.
Source: The Constitution of the Republic of Poland of 2nd April, 1997, as amended in 2009, article 125 (3): https://www.constituteproject.org/constitution/Poland_2009
Verified: 2024/11/13
DD130
Question: Are the types of issues to vote upon in a referendum constitutional changes only, other issues only or both constitutional and other issues?
Answer:
c . Both constitutional and other issues
Comments: Granting of consent for ratification of such agreement may also be passed by a nationwide referendum in accordance with the provisions of Article 125.
Art. 125 (1): A nationwide referendum may be held in respect of matters of particular importance to the State.
Art. 235 (6): If a bill to amend the Constitution relates to the provisions of Chapters I, II or XII, the subjects specified in para. 1 above may require, within 45 days of the adoption of the bill by the Senate, the holding of a confirmatory referendum. Such subjects shall make application in the matter to the Marshal of the Sejm, who shall order the holding of a referendum within 60 days of the day of receipt of the application. The amendment to the Constitution shall be deemed accepted if the majority of those voting express support for such amendment.
Source: The Constitution of the Republic of Poland of 2nd April, 1997, as amended in 2009, article 90(3), 125 and 235(6): https://www.constituteproject.org/constitution/Poland_2009
The Act of 14th March 2003 on nation-wide referendum: http://aceproject.org/ero-en/regions/europe/PL/poland-the-act-of-14th-march-2003-on-nation-wide.
Verified: 2024/11/13
DD131
Question: Are there any Legal Provisions for Direct Democracy at sub-national levels (regional or local)?
Answer:
a . Yes
Comments: Members of a self-governing community may decide, by means of a referendum, matters concerning their community, including the dismissal of an organ of local government established by direct election. The principles of and procedures for conducting a local referendum shall be specified by statute.
Source: The Constitution of the Republic of Poland of 2nd April, 1997, as amended in 2009, article 170: https://www.constituteproject.org/constitution/Poland_2009
Verified: 2024/11/13
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