Senate of Poland
Senate of Poland
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Senate of Poland

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Senate of Poland

The Senate (Polish: Senat) is the upper house of the Polish parliament, the lower house being the Sejm. The history of the Polish Senate stretches back over 500 years; it was one of the first constituent bodies of a bicameral parliament in Europe and existed without hiatus until the final partition of the Polish state in 1795. The contemporary Senate is composed of 100 senators elected by a universal ballot and is headed by the Marshal of the Senate (Marszałek Senatu). The incumbent Marshal of the Senate is Małgorzata Kidawa-Błońska.

Following a brief period of existence under the Second Polish Republic, the Senate was again abolished by the authorities of the Polish People's Republic. It was not re-established until the collapse of the communist government and reinstatement of democracy in Poland in 1989. The Senate is based in Warsaw and is located in a building which forms part of the Sejm Complex on Wiejska Street, in close proximity to the Three Crosses Square and Ujazdów Castle.

Like most parliaments in the European Union, Poland's parliament is asymmetric, where the lower chamber is dominant over the upper chamber. Unlike the Sejm, the Senate cannot unilaterally veto legislation nor can it bring down the government in a vote of no confidence, and the chamber and its members generally receive far less attention compared to the Sejm.

In line with Article 10, Paragraph 2, and Article 95 of the Polish Constitution of 2 April 1997, the Senate and the Sejm exercise legislative power. The Senate is composed of 100 senators who are elected for a term of four years in general election in a direct vote by secret ballot. Alongside the Sejm, the President of the Polish Republic, the Council of Ministers and all citizens of Poland, the Senate has the right to take legislative initiatives.

If it is necessary for the Sejm and Senate to convene jointly as a general session of the National Assembly, this joint session will be chaired by the Marshal of the Sejm or by the Marshal of the Senate. The Senate is allowed 30 days to examine any piece of draft legislation passed by the Sejm, 14 days if a bill is considered to be urgent. Any bill submitted by the Sejm to the Senate may be adopted by the latter without any amendments or amended or rejected (but any rejection or amendment may still be overruled by an absolute majority vote in the Sejm). Any resolution of the Senate, as a result of which a bill is repealed or amended, is considered to be passed provided it has not been rejected by the Sejm.

However, for the state budget, the Senate has 20 days to examine it. For amending the constitution, the Senate has 60 days for analysis. If the constitution is amended, identical wording of the amendment must be approved by both the Sejm and the Senate.

The president cannot decide to stage a nationwide referendum on matters of national importance unless he or she has been given explicit permission to do so by the Senate. The Senate is also empowered to examine any reports submitted by the Commissioner for the Protection of Citizens' Rights and the National Broadcasting Council. Other than its significant involvement in the legislative process, the Senate is required to grant its consent in the case of appointment or removal of the President of the Supreme Chamber of Control, the President of the Institute of National Remembrance – Commission for the Prosecution of Crimes against the Polish Nation, the Commissioner for Protection of Citizens' Rights and the Ombudsman for Children and the General Inspector for Personal Data Protection.

However, unlike the Sejm, the Senate has no role in providing for oversight of the executive. The Senate currently appoints one member of the National Broadcasting Council, two members of the Council of the Institute of National Remembrance, two of its own senators to sit on the National Judiciary Board and three members of the Monetary Policy Council of the National Bank. The Marshal of the Senate and any 30 senators may also request the Constitutional Tribunal to examine any act of domestic legislation or international agreement to check that it complies with the constitution, ratified international agreements, and other legislation.

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