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THE CONSTITUTION OF THE REPUBLIC OF POLAND

As adopted by the National Assembly

on 2nd April 1997

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Chapter II

THE FREEDOMS, RIGHTS AND OBLIGATIONS

OF PERSONS AND CITIZENS

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POLITICAL FREEDOMS AND RIGHTS

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Article 62

1. If, no later than on the day of vote, he has attained 18 years of age, a Polish citizen shall have the right to participate in a referendum and the right to vote for the President of the Republic of Poland as well as representatives to the Sejm and Senate and organs of local self-government.

2. Persons who, by a final judgment of a court, have been subjected to legal incapacitation or deprived of public or electoral rights, shall have no right to participate in a referendum nor a right to vote.

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Chapter III

SOURCES OF LAW

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Article 90

1. The Republic of Poland may, by virtue of international agreements, delegate to an international organization or international institution the competence of organs of State authority in relation to certain matters.

2. A statute, granting consent for ratification of an international agreement referred to in para.1, shall be passed by the Sejm by a two-thirds majority vote in the presence of at least half of the statutory number of Deputies, and by the Senate by a two-thirds majority vote in the presence of at least half of the statutory number of Senators.

3. Granting of consent for ratification of such agreement may also be passed by a nationwide referendum in accordance with the provisions of Article 125.

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Chapter IV

THE SEJM AND THE SENATE

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REFERENDUM

Article 125

1. A nationwide referendum may be held in respect of matters of particular importance to the State.

2. The right to order a nationwide referendum shall be vested in the Sejm, to be taken by an absolute majority of votes in the presence of at least half of the statutory number of Deputies, or in the President of the Republic with the consent of the Senate given by an absolute majority vote taken in the presence of at least half of the statutory number of Senators.

3. A result of a nationwide referendum shall be binding, if more than half of the number of those having the right to vote have participated in it.

4. The validity of a nationwide referendum and the referendum referred to in Article 235, para. 6, shall be determined by the Supreme Court.

5. The principles of and procedures for the holding of a referendum shall be specified by statute.

Chapter V

THE PRESIDENT OF THE REPUBLIC OF POLAND

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Article 144

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2. Official Acts of the President shall require, for their validity, the signature of the Prime Minister who, by such signature, accepts responsibility therefor to the Sejm.

3. The provisions of para. 2 above shall not relate to:

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5) proclaiming the holding of a nationwide referendum;

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Chapter XI

EXTRAORDINARY MEASURES

Article 228

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7. During a period of introduction of extraordinary measures, as well as within the period of 90 days following its termination, the term of office of the Sejm may not be shortened, nor may a nationwide referendum, nor elections to the Sejm, Senate, organs of local self-government nor elections for the Presidency be held, and the term of office of such organs shall be appropriately prolonged. Elections to organs of local self-government shall be possible only in those places where the extraordinary measures have not been introduced.

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Chapter XII

AMENDING THE CONSTITUTION

Article 235

1. A bill to amend the Constitution may be submitted by the following: at least one-fifth of the statutory number of Deputies; the Senate; or the President of the Republic.

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6. If a bill to amend the Constitution relates to the provisions Chapters I, II or XII, the subjects specified in para. 1 above may require, within 45 days of the adoption of the bill by the Senate, the holding of a confirmatory referendum. Such subjects shall make application in the matter to the Marshal of the Sejm, who shall order the holding of a referendum within 60 days of the day of receipt of the application. The amendment to the Constitution shall be deemed accepted if the majority of those voting express support for such amendment.

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