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Existing constitutional provisions

Article by Eldath Mon

Existing constitutional provisions do not govern the legal consequences of the death of the incumbent Prime Minister.

Article 6 of the Council of Ministers of 1996 regulates the status of the physical absence of the Prime Minister at a meeting of the government or its temporary inability to perform duties due to sickness. Then, under the law directs the Council of Ministers vice president previously designated by the Prime Minister or one of the ministers, in the case where the government operates without a deputy. Deputy Prime Minister shall exercise, on behalf of the Prime Minister, tasks and responsibilities entrusted by the Prime Minister.

Deduced from the interpretation of Article. Paragraph 147. 1 and 2 of the Constitution, which states that the Council of Ministers consists of the Prime Minister and ministers (and, optionally, vice-presidents) can justify the assertion that the Council of Ministers can not formally exist without the Prime Minister. This means that the death of the Prime Minister is the formal end of the government. This creates a condition not foreseen by the Polish constitutional law. In this case, the President of Poland is obliged under Art. 154 of the Constitution for the immediate appointment of a candidate for prime minister with his appointment and swearing in the new composition of the Council of Ministers.Constitutional Responsibility [edit]

Members of the Council of Ministers (the President) shall be responsible before the State Tribunal for:

* Violation of the Constitution or laws in connection with the duties of his office or the office (Article 156 paragraph. 1 of the Constitution), * Committing a crime in connection with the duties of his office.

Constitutional Responsibility is individual, it can only be enforced by each member of the Council of Ministers separately.

Apply in this case can the President or a group of 115 Deputies. The proposal shall address them to the Marshal of the Sejm, who shall transmit it to the Constitutional Accountability Committee to investigate the merits. Constitutional Accountability Commission will forward a report and a final proposal at the plenary session of the Sejm, where the vote takes place – placing a member of the Council of Ministers on trial before the State Tribunal requires a qualified majority, three fifths of the statutory number of Deputies.

Proceedings before the Tribunal of State is two stages: in the first instance of the State Court to rule on the composition of Chairman + 4 members, but as an appeal body (second instance) Chairman + 6 members (excluding those who have taken part in the first instance). During processing, the provisions of the Code of Criminal Procedure. Sanctions are:

* Loss of his position, * If you commit a tort and constitutional also: a loss of voting rights, a loss of orders and decorations; a ban on holding positions of responsibility or function associated with a particular responsibility in state bodies and social organizations.

The penalties for committing enforced constitutional tort may be imposed for the period from 2 to 10 years, while the appeal is not entitled to the presidential power of pardon (article 25 paragraph. 2 of the Act the Tribunal of State.)

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