The Council of Ministers () is the central collective body of the executive government of Poland. The cabinet consists of the prime minister (formally titled President of the Council of Ministers), the deputy prime minister(s), and other ministers. The current competences and procedures of the cabinet are described between Articles 146 to 162 of the constitution.

Nomination

The process of forming the Council of Ministers begins with the nomination of the prime minister by the President of Poland.Article 154, para. 1 The prime minister will propose the composition of the cabinet, which must then be approved by the president. Despite the president's nominating role in choosing a prime minister and approving the composition of the cabinet, the presidency's role is strictly limited, as the president must respect the majority wishes of the Sejm.Garlicki, p. 28 Furthermore, the president is forbidden to select a different cabinet composition than the one already selected by the prime minister.Prokop, p. 128 Following their nomination, all members of the cabinet take the oath of office in the Column Room of the Presidential Palace, in a ceremony officiated by the president.

Within fourteen days of its appointment, the cabinet, headed by the prime minister, is obligated to submit an agenda to the Sejm together with a vote of confidence.Article 154, para. 2 Should the vote of confidence fail, the process of government formation passes to the Sejm, which will nominate a prime minister within fourteen days, who will again propose the composition of the cabinet.Article 154, para. 3 An absolute majority of votes in the presence of at least half of all Sejm deputies is required to approve the cabinet, which the president will accept and administer their oaths of office. Should a vote of confidence fail again, the process of nomination is handed back to the presidency, who must again appoint a prime minister, who will nominate other members of the cabinet.Article 155, para. 1 If the vote of confidence fails a third time, the president is obliged to shorten the Sejm's term of office and order new elections.Article 155, para. 2 However, since the adoption of the Constitution of 1997, all cabinets have successfully received a vote of confidence for their mandates, and have never required all of the reserve protocols of government formation to take place.Prokop, pp. 129–130 All cabinets formed after a parliamentary election have successfully received a vote confidence in accordance to paras. 1–2 of Article 154. The invocation of para. 3, where the government formation process passes to the Sejm, has, as of date, never taken place. Article 155, para. 1 was used notably during the appointment of Prime Minister Marek Belka's second cabinet by President Aleksander Kwaśniewski after failing an initial vote of confidence in 2004. Following Belka's renomination, Belka successfully obtained a vote of confidence from Sejm deputies.

Powers Composition

The Council of Ministers is headed by the prime minister, known also as the Chairman of the Council of Ministers. The prime minister directs the cabinet's activities and acts as its representative.Jagielski, p. 169 Furthermore, the prime minister ensures the implementation of the cabinet's policies, coordinates and controls the work of his or her ministers, and issues regulations.Article 148, paras. 2–5 The prime minister may also be assisted by a deputy prime minister, who acts as a vice-chairman to the cabinet.Article 147, para. 2 Both the prime minister and deputy prime minister can discharge the functions of a minister.Article 147, para. 3 The constitution does not further describe the deputy prime minister's functions in the government, though the office's tasks are instead dictated by the Prime minister, and it is not considered an autonomous state organ. The deputy prime minister's position is normally offered to representatives of the government's junior coalition partner. Deputy prime ministers also take on other ministerial positions.

The rest of the cabinet is composed of ministers, whose tasks and governmental administrative portfolios are selected and organized by the prime minister. Cabinet ministers may originate from the Sejm and Senat.Prokop, p. 125 Ministers may also be selected from outside of the legislature. Two categories of ministers exist. First are the 'department ministers,' who exercise authority and responsibility within the central government's administration, including ministries, subordinate departments and other institutions. Less important members of the cabinet are the 'ministers without portfolio,' who do not direct any of the government's administrative bodies, yet perform tasks designated to them specifically by the prime minister. Regulations by any member of the council of ministers can be overruled by the cabinet upon a motion by the prime minister.Article 149, para. 2 The Premier is also empowered to reshuffle or remove members from the cabinet.Jablonski, p. 136

The style of the government and the roles of its ministers are not constitutionally mandated, depending instead on the prime minister's personality.Brodecki and Jankowski p. 28

Stature The constitution entrusts the cabinet to craft and implement the most important regulations and policies of the state.Brodecki and Jankowski p. 27 As such, the constitution delegates executive power to the cabinet.Jagielski, p. 168 Although the constitution does not equate the council of ministers as 'the government,' due to the powers of the prime minister, the competences of other ministers, independent bodies, and the direct representatives of the prime minister and the cabinet (voivodes) to the voivodeships who supervise the regional administrations, the cabinet carries out various governmental features. This includes the legislation and implementation of policy conducive of governing the state. Due to its constitutional mandate, the council of ministers acts as the main pillar of political authority, directing state administration, Poland's foreign policy, and much of the republic's domestic policy, unless some competences are reserved (by statute) to other organs or to local authorities.

Parliamentary and legal responsibilities

Due to the republic's parliamentary system, the Council of Ministers are collectively and individually responsible to the Sejm for the operations of the government. The cabinet must respond to questions from Sejm deputies during each sitting session of the chamber.Article 115, para. 2 The cabinet must also respond to interpellations within 21 days of their submission.Article 115, para. 1 Despite being responsible to the Sejm, the cabinet is not responsible to the Senat, and does not rely on the upper house's confidence to continue its term of office.

During sessions of the Sejm, members of the Council of Ministers, including the prime minister and deputy prime minister, are seated in the government box within the chamber's plenary hall. The seating area faces the central lectern, located on the lectern's right side.

The Sejm can pass a vote of no confidence on an individual minister if the motion receives the support of at least 69 deputies.Article 159, para. 1 If the motion is successful, passed by a majority vote, the president will recall the minister from office.Article 159, para. 2 Similarly, if the Council of Ministers loses its majority support within the Sejm, the cabinet can be forced to resign in a constructive vote of no confidence. The motion must be approved by at least 46 deputies, and then passed by a majority vote.Article 158, para. 1 In such an event, a new prime minister must be simultaneously appointed. The prime minister is also empowered to call a vote of confidence in the cabinet, requiring a majority vote from at least half of all present deputies.Article 160 In the event of the prime minister's resignation or death, the president can either accept or refuse the cabinet's resignation of office.Prokop, p. 127 Following a parliamentary election, the premier must submit the cabinet's resignation in the first sitting of the newly elected Sejm.Article 162, para. 1 After its resignation, the cabinet is entrusted to continue administering state functions until the appointment and oaths of office of the new government.

Legally, the Council of Ministers is also held accountable to the State Tribunal for infringements upon the constitution or other legal statutes.Article 156, para. 1 Upon a motion by either the president or by 115 deputies, a member of the cabinet can be charged to be brought forth to the State Tribunal, and then require the approval of at least three-fifths of all Sejm deputies to begin the proceedings.Article 156, para. 2

Meetings

The Council of Ministers convenes every Tuesday at the Building of the Chancellery of the Prime Minister. The prime minister may also call special cabinet meetings during extraordinary situations.

Cabinet Council Additionally, the president is empowered to convene a cabinet council, when the head of state presides over the Council of Ministers.Article 141, para. 1 The convening of such a cabinet council is strictly at the president's discretion, who will decide an issue or set of issues important for discussion and deliberation. The president may bring the cabinet's attention to issues of particular importance and ask for information as to the intentions or actions taken by the government. However, meetings of the cabinet council do not possess the same legislative competences as cabinet meetings.Article 141, para. 2

Current composition

See also Chancellery of the Prime Minister of Poland Ministries of Poland Polish governments and their composition

References

https://bip.kprm.gov.pl/kpr/bip-rady-ministrow/sklad-rady-ministrow/4574,Sklad-Rady-Ministrow.html

Works cited

Other resources Constitution of the Republic of Poland (in English)