POLAND

CENTRE OF GOVERNMENT PROFILE

[As at May 1998]

The Government

Organisation and membership
Schedule
Agenda
The preparation of submissions
The preparation of decisions
Decision making and recording
Implementation of decisions
Legislative and regulatory procedures

Subordinate Bodies of the Council of Ministers

The Government

Organisation and membership

The Council of Ministers comprises: the President of the Council of Ministers (Prime Minister), the Vice-Presidents of the Council of Ministers (Deputy Prime Ministers), ministers, and chairmen of the Scientific Research and European Integration Committees.

"Ministers without portfolio" can also be appointed to the Council of Ministers.

(The Prime Minister and Deputy Prime Ministers can combine their position with a position of minister).

The work of the Council of Ministers is directed by the Prime Minister (he or she represents the Government and chairs its sessions).

If the Prime Minister is absent, the work of the Government can be directed by a Deputy Prime Minister designated by the Prime Minister.

If a titular member of the Government is absent from a session of the Council of Ministers, a designated Secretary or Under-Secretary of State may participate, without the right to vote, if the Prime Minister agrees.

Meetings of the Government are regularly attended, without the right to participate in the decision-making process, by the Secretary of the Council of Ministers, by persons entitled to do so by virtue of specific statutes (eg President of the Supreme Chamber of Auditors), by persons designated by the Prime Minister (eg the Government's Press Spokesman), and by representatives of concerned national entities invited to participate in a meeting or part of a meeting.

With the Prime Minister's consent, a member of the Council of Ministers may, for an agenda item requiring highly specialised knowledge, benefit from the assistance of an adviser, without that person having the right to participate in decision making.

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Schedule

Government meetings take place once per week, on Tuesdays.

As required, the Prime Minister convenes extraordinary meetings of the Council of Ministers, in its constitutional composition, for discussion of strategic actions or for the taking of additional policy decisions.

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Agenda

The Council of Ministers functions on the basis of the Government's programme of work, adopted for a period of one year or less.

Meetings of the Government are convened, their agendas set and their deliberations chaired by the Prime Minister.

Points to be taken up are included in the agenda in the following order:

(1) questions and answers internal to the Government,

(2) fully agreed draft texts,

(3) draft texts with attached reports on divergences,

(4) thematic analyses,

(5) parliamentary issues,

(6) other governmental texts,

(7) current affairs.

Meetings of the Government are prepared and supported by the Secretary of the Council of Ministers, who provides participants with meeting notifications, together with the corresponding agenda, no later than five days before the date of the meeting.

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The preparation of submissions

Drafts of governmental texts are prepared, agreed and submitted for the consideration of the Council of Ministers by members of the Government and other entities of the central administration (eg Government Plenipotentiaries) entitled to do so on the strength of specific regulations.

Applications for consideration of draft governmental texts are submitted to the Secretary of the Council of Ministers.

Such an application for consideration of a draft governmental text by the Council of Ministers must set out the subject, essence and objective of the proposed decision, with information about its scope, the results of the procedure to gain acceptance, and the expected social and economic consequences.

The Secretary of the Council of Ministers transmits draft texts to members of the Government, and to regular participants in meetings of the Council of Ministers, no later than seven days before the date of the corresponding meeting.

Under special circumstances, with justification and with the Prime Minister's consent, this deadline can be shortened.

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The preparation of decisions

It is mandatory for draft governmental texts to go through a procedure to gain interministerial acceptance, and then to be examined by the appropriate Standing Committee of the Council of Ministers (eg the Economics Committee of the Council of Ministers), before being introduced before the Council of Ministers. Standing Committees of the Council of Ministers are made up of members of the Government, and their function, as recommending and advisory bodies internal to the Government, is to prepare texts for examination and decision by the Council of Ministers. Meetings of these Committees are convened by their Chairpersons.

Every draft text must take into consideration the expected financial consequences for the state's budget.

Before introducing a draft normative document for consideration by the Government, the initiating body also submits the draft to the Legal Commission in the Chancellery of the Prime Minister, which studies and assesses the draft from the legal and editorial point of view, in particular to verify its conformity with prevailing legislation, and makes appropriate legislative and editorial amendments.

In addition, the European Integration Committee attaches to any draft of a legal document its opinion as to the draft's conformity with European Union legislation.

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Decision making and recording

Decisions of the Council of Ministers are taken by consensus in the presence of a majority of the Government's members.

When it is not possible to achieve consensus, the draft decision is either submitted for further consultation outside the meeting, or put to a vote by the Prime Minister. Decisions are usually taken by consensus, and usually attract a majority of the votes of the Government's members present, but in the event of a tie, the Prime Minister (who chairs the deliberations) casts the deciding vote.

A member of the Government may enter into the record a dissenting opinion when a decision is taken. Dissenting opinions are not made public, as members of the Government are statutorily bound to present public views that are in line with decisions adopted by the Council of Ministers.

Under the responsibility of the Secretary of the Council of Ministers, full minutes and a record of decisions are drawn up for each meeting of the Government.

The record of decisions includes a complete list of decisions taken by the Council of Ministers at its meeting, with the results of any votes and with reference to any formal dissenting opinions.

The record of decisions is signed by the Prime Minister and by the Secretary of the Council of Ministers, who then provides copies to members of the Government.

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Implementation of decisions

It is the responsibility of the Chancellery of the Prime Minister to follow up on implementation of tasks set by the Government.

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Legislative and regulatory procedures

Drafts of statutes and executive documents are prepared by members of the Council of Ministers. The definitive version, after adoption by the Government but before signature by the Prime Minister, is the responsibility of the Government's Legislative Department (a centralised responsibility). Among other functions, the Department verifies conformity with the Constitution and with prevailing legislation.

The initiating body is responsible for estimating the budgetary impact of statutes and other normative and executive documents.

The European Integration Committee is responsible for verifying conformity of draft statutes and executive regulations with the legislation and standards of the European Union, and for overall harmonisation of the law.

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Subordinate Bodies of the Council of Ministers

With a view to agreeing the positions of its members, and to initiating and preparing decisions in particular policy areas, the Government may set up standing committees of the Council of Ministers, as auxiliary, recommending and advisory bodies of the Council of Ministers. At present there are three such bodies: Economics Committee of the Council of Ministers, the Social Committee of the Council of Ministers, the Committee for Defence Affairs of the Council of Ministers. The committees are made up of Government members designated by the Prime Minister, in consultation with committee chairmen.

Committee chairpersons are appointed and removed by the Prime Minister.

Vice-Chairmen of standing committees are appointed and removed by the Prime Minister, from among the standing committee's members and on its chairperson's recommendation.

The position of committee secretary is filled by a secretary or under-secretary of state from the Chancellery of the Prime Minister, or by a civil servant, designated by the committee's chairperson, employed in the organisational entity of the Chancellery of the Prime Minister that provides the committee with support services.

The Prime Minister may:

(1) chair meetings of standing committees,

(2) delegate a minister or designate a secretary or under-secretary of state from the Chancellery of the Prime Minister to represent him at meetings of the standing committee,

(3) identify entities of the government administration or other persons, that are to participate regularly in meetings of the standing committee.

Other persons, invited by the committee's chairperson, may also participate in meetings of the standing committee.

The purpose of the work of Council of Ministers standing committees is to bring the positions of Council members closer together, to initiate, to prepare and to submit to the Council of Ministers and to its President draft decisions, opinions and recommendations, as well as to analyse the situation in individual areas of Government policy.

In the course of fulfilling their mandates, standing committees of the Council of Ministers co-operate with ministers and other entities of the government administration, not normally represented on the committee in question.

The procedure followed by Council of Ministers standing committees, including the convening and holding of meetings, as well as the preparation and examination of government documents, is set out in the rules of procedure of the Council of Ministers.

Should a standing committee chairman decide that an item submitted to the committee does not require it to take a position in plenary, he may constitute a group of committee members and charge it to deal with the item, in accordance with the procedure set out in the rules of procedure of the Council of Ministers.

With a view to accomplishing its tasks, a standing committee of the Council of Ministers and its chairman may determine ways and schedules for completing work aimed at preparing a draft position, decision or other text of the Council of Ministers or the Prime Minister, and may designate entities responsible for the execution of such work.

A standing committee of the Council of Ministers may constitute working or expert groups to work on analyses, forecasts, studies, concepts and drafts in areas of the work programme.

Standing committees of the Council of Ministers report on their activities to the Council of Ministers on an annual basis.

Economics Committee of the Council of Ministers

The terms of reference of the Economics Committee of the Council of Ministers cover the following areas:

1) drafts of normative documents, drafts of programmes, analyses, reports and other government documents pertaining to the state's economic policy, and in particular:

(a) planning and executing the revenue and expenditure under the national budget,

(b) principles of the country's economic development,

(c) principles of development of the financial market, of technical and economic infrastructure,

(d) structural changes and transformation of asset ownership,

(e) principles of the environment policy and of ecological development,

(f) international economic co-operation and the allocation of foreign capital,

(g) principles of formation and execution of the country's land-use planning policy and the state's housing policy,

(h) economic forecasts,

(i) instruments of regional development in Poland,

(j) criteria for allocating budgetary resources set aside for regional development support,

(k) opinions as to the principles of municipal budget formation and their relationship with the national budget,

(l) economic and financial aspects of the development of regional and trans-boundary co-operation,

(m) development of rural areas and the structural transformation of villages;

2) other matters referred by the Council of Ministers and the Prime Minister.

The Economics Committee of the Council of Ministers has a Regional Development Sub-Committee, hereinafter called the "Sub-Committee".

The Sub-Committee is led by a chairman, appointed and removed by the Prime Minister, on the recommendation of the Committee chairman.

Members of the Sub-Committee are designated by the Prime Minister, after consultation with the Committee chairman.

The detailed scope of work of the Sub-Committee is determined by the Economics Committee of the Council of Ministers, on the recommendation of the Sub-Committee Chairman.

Social Committee of the Council of Ministers

The terms of reference of the Social Committee of the Council of Ministers cover the following areas:

1) drafts of normative documents, drafts of programmes, analyses, reports and other government documents pertaining to social issues, and in particular:

(a) respect of rights and freedoms, of law and order and of the security of citizens,

(b) strengthening ties with Poles abroad and the emigrant community, youth exchanges and exchange of information,

(c) issues pertaining to national and ethnic minorities,

(d) social policy, unemployment, health and safety at work, education and training, science, culture, health and social security, leisure and sports, environmental protection,

(e) conditions and principles of co-operation of the government and other government administration entities with trade unions, professional organisations, associations and other groups,

(f) relations between the state and the Catholic Church, as well as other churches and religions,

(g) the mass media and the country's telecommunication system,

(h) organisation and functioning of entities of the government administration and of local governments,

(i) development of regional and trans-boundary co-operation;

2) other matters referred by the Council of Ministers and the Prime Minister.

Committee for Defence Affairs of the Council of Ministers

The terms of reference of the Committee for Defence Affairs of the Council of Ministers cover the following areas:

1) drafts of normative documents, drafts of programmes, analyses, reports and other government documents pertaining to the state's internal and external security, and in particular:

(a) the state's defence system and the socio-economic base of its functioning,

(b) the defence industry, trade in arms and special equipment, research and development work for the needs of national defence and security, preparation for mobilisation of the national economy, formation and management of strategic reserves, and maintenance of the economy's production and recovery capacities needed for national defence,

(c) taking into consideration defence requirements in land-use planning and in the development of economic infrastructure, including transport and communications,

(d) extraordinary environmental threats and other crisis situations, with a conceptual framework for actions designed to eliminate such threats and situations, or to liquidate their consequences;

2) other matters referred by the Council of Ministers and the Prime Minister.

The Prime Minister may, on the initiative of the Government or his own initiative, create ad hoc committees, councils or working groups, as auxiliary, recommending or advisory bodies of the Council of Ministers and the Prime Minister, to take up matters falling within the sphere of competence of the Council of Ministers or the Prime Minister.

In agreement with a given institution or social milieu, the Government may constitute joint commissions, composed of representatives of the Government and of that institution or milieu (eg Joint Central and Local Governments Commission, Joint Government and Polish Episcopate Commission).

Support and Advisory Structures

Support services to the Government, Prime Minister, Deputy Prime Ministers and standing committees of the Council of Ministers are provided by the Chancellery of the Prime Minister, which is directed by the Head of the Chancellery.

The functions of the Chancellery of the Prime Minister include, in particular:

(1) verifying execution of tasks assigned by the Council of Ministers and the Prime Minister, reporting on such verification, and making proposals for ways to improve the verification methods,

(2) publication of the Journal of Laws of the Republic of Poland and the Official Gazette of the Republic of Poland ("Monitor Polski"),

(3) co-ordination of the implementation of personnel policy in the government administration, to the extent set out in separate regulations,

(4) personnel matters pertaining to individuals occupying senior positions of state in the government administration,

(5) co-ordination of co-operation of the Council of Ministers and the Prime Minister with the Sejm (Parliament) of the Polish Republic, the Senate of the Polish Republic, the President of the Polish Republic and other state bodies,

(6) provision of information and press liaison to the Council of Ministers, the Prime Minister and auxiliary, recommending and advisory bodies subordinated to the Council of Ministers,

(7) co-ordination of the supervisory function of the Prime Minister with respect to government administration bodies,

(8) carrying out tasks, set out in separate regulations, related to national defence and security,

(9) execution of other tasks set out in separate regulations, or on the instructions of the Prime Minister.

Like any ministry, the Chancellery of the Prime Minister has the following organisational entities:

(1) political cabinet of the Prime Minister,

(2) departments - to deal with the Chancellery's substantive tasks,

(3) bureaux - to provide support services,

(4) secretariats - to support the Prime Minister, Deputy Prime Ministers, Head of the Chancellery, Secretaries and Undersecretaries of State, and other persons,

(5) divisions - as organisational sub-entities within the entities mentioned in points 2 and 3,

(6) teams or specific task-oriented one- or multi-person work groups.

Senior staff and advisors to the Head of Government

The Secretary of the Council of Ministers, as a body subordinate to the Government, prepares and supports meetings of the Government. The Secretary of the Council of Ministers also has responsibility for matters connected with:

(1) receiving draft government texts from initiators and transmitting them to members of the Council of Ministers,

(2) preparing the record of decisions adopted by the Council of Ministers,

(3) preparing documentation for examination by the Council of Ministers and for signature by the Prime Minister,

(4) co-ordination of the legislative work of the Council of Ministers and the Prime Minister.

The Head of the Political Cabinet of the Prime Minister organises and directs the work of the Prime Minister's policy advisors.

The Secretaries and Undersecretaries of State in the Chancellery of the Prime Minister have authority delegated from the Prime Minister and the Head of the Chancellery to set tasks to and exercise control over the activities of departments and other organisational entities within the Chancellery of the Prime Minister.