Polish Constitution of 1997

Polish Constitution of 1997. The Polish Constitution of 1997 is the foundation of the Constitutional law of Poland, establishing the principles of the Sejm, Senate of Poland, and the President of Poland. It was adopted by the National Assembly of Poland on April 2, 1997, and approved by Polish people in a referendum on May 25, 1997. The constitution came into effect on October 17, 1997, replacing the Small Constitution of 1992 and the April Novelization.

Introduction

The Polish Constitution of 1997 is a key document in the History of Poland, outlining the country's system of Separation of powers and the relationship between the Legislative branch, Executive branch, and Judicial branch. It draws inspiration from the French Constitution, German Constitution, and the United States Constitution, as well as the European Convention on Human Rights and the Charter of Fundamental Rights of the European Union. The constitution is composed of 243 articles, divided into 13 chapters, and is based on the principles of Democracy, Human rights, and the Rule of law, as enshrined in the Universal Declaration of Human Rights and the Helsinki Accords. The Venice Commission and the Council of Europe have praised the constitution for its comprehensive protection of Fundamental rights.

History

The process of creating the Polish Constitution of 1997 began in the early 1990s, with the establishment of the Constitutional Committee of the Sejm and the Senate Committee on Legislation. The committee was composed of prominent Polish politicians, including Aleksander Kwaśniewski, Lech Wałęsa, and Tadeusz Mazowiecki, as well as Constitutional law experts from the University of Warsaw and the Jagiellonian University. The drafting process involved extensive consultations with Civil society organizations, such as the Helsinki Foundation for Human Rights and the Polish Helsinki Committee, as well as international organizations like the European Union and the Council of Europe. The Round Table Talks of 1989 and the Polish Round Table Agreement also played a significant role in shaping the constitution.

Provisions

The Polish Constitution of 1997 establishes the principles of the Republic of Poland, including the protection of Human dignity, Freedom of speech, and Freedom of assembly. It also guarantees the right to Fair trial, Presumption of innocence, and Protection against torture, as enshrined in the European Convention on Human Rights and the International Covenant on Civil and Political Rights. The constitution outlines the structure and powers of the Sejm, Senate of Poland, and the President of Poland, as well as the relationship between the Central government and Local government. It also establishes the Constitutional Tribunal of Poland and the Supreme Court of Poland as the highest courts in the country, responsible for interpreting the constitution and ensuring its compliance with international law, including the Treaty of Lisbon and the Charter of Fundamental Rights of the European Union.

Adoption and Amendments

The Polish Constitution of 1997 was adopted by the National Assembly of Poland on April 2, 1997, with 451 votes in favor, 40 against, and 6 abstentions. The constitution was then approved by the Polish people in a referendum on May 25, 1997, with 53.5% of voters supporting the constitution. The constitution has undergone several amendments since its adoption, including changes to the Electoral law and the Judicial system, as well as the incorporation of European Union law into the Polish legal system. The Treaty of Accession 2003 and the Lisbon Treaty have also had a significant impact on the constitution, requiring changes to the Constitutional law to ensure compliance with European Union law.

Principles and Values

The Polish Constitution of 1997 is based on the principles of Democracy, Human rights, and the Rule of law, as enshrined in the Universal Declaration of Human Rights and the European Convention on Human Rights. It also reflects the values of Solidarity, Tolerance, and Respect for human dignity, as promoted by Pope John Paul II and the Catholic Church in Poland. The constitution guarantees the protection of Minority rights, including the rights of National minorities and Ethnic minorities, as well as the rights of People with disabilities and Women's rights. The European Social Charter and the United Nations Convention on the Rights of Persons with Disabilities have also influenced the constitution's provisions on social and economic rights.

Impact and Reception

The Polish Constitution of 1997 has had a significant impact on the development of Polish law and the country's integration into the European Union. It has been praised by the Venice Commission and the Council of Europe for its comprehensive protection of Fundamental rights and its commitment to the principles of Democracy and the Rule of law. The constitution has also been influential in shaping the Constitutional law of other Central and Eastern European countries, including Hungary, Czech Republic, and Slovakia. However, the constitution has also been subject to criticism and controversy, particularly with regards to its provisions on Abortion and LGBT rights, which have been the subject of debate and controversy in the Sejm and the European Court of Human Rights. The European Commission and the European Parliament have also expressed concerns about the impact of the constitution on the Rule of law and the independence of the Judiciary in Poland. Category:Constitutions