Changes to the constitution are needed. In a new fundamental law, presidential authority should be strengthened. The president should, among other things, have the power to issue regulations with the force of law in matters of security and foreign affairs, according to a proposal presented during the Law and Justice (PiS) convention in Katowice.
According to former Minister of Education Przemysław Czarnek, the 1997 constitution has ceased to function and is now being questioned, even by some of its authors.
“It contains a number of good solutions, but it is also full of contradictions that hinder the country’s development,” he said.
Change is possible
Former President of the Constitutional Tribunal Julia Przyłębska stated that “a constitutional moment has arrived.“
“The 1997 constitution is not modern enough for difficult times. It cannot guarantee its own enforcement or protect itself from violations. The last two years have exposed its deficiencies. Some institutions usurp powers that the constitution does not grant them,” she said.
Marek Wróbel, head of the Republican Foundation, agreed that a constitutional amendment is possible. “It’s not only necessary. There is a faint prospect of a constitutional majority. The Third Republic has broken legs: the legal pillar and the political consensus – the Round Table consensus,“ he said.
According to him, the role of referendums must be strengthened, and citizens should have the ability to recall members of parliament.
PiS MEP Tobiasz Bocheński argued that the 1997 constitution was created “to introduce a temporary legal bypass that guaranteed the survival of post-communists.“ He said that the foundation of the constitution should refer to the republican traditions of the First Polish Republic.
Strengthening presidential authority
PiS MP Krzysztof Szczucki stated that “the constitution builds conflict within the executive branch“ between the government and presidential centers of power. In his view, this is particularly dangerous in matters of national security and during times of armed threat.
“If Poland were to face an armed conflict, the division of powers would be unclear. I support strengthening presidential authority. The president should be responsible for security and should personally appoint the Commander-in-Chief of the Armed Forces. He should have the right to issue regulations with the force of law in matters of security, internal affairs, justice, and foreign affairs. With an appropriate majority – for example, three-fifths – the Sejm should be able to overturn them,” he said.
Head of the Chancellery of the President Zbigniew Bogucki estimated that the current constitution fails to function effectively within the executive branch and generates conflicts. “In both internal and external situations, we need efficient decision-making processes,“ he said.
He concluded that a presidential system is needed. “There must be a single efficient center of power that will be accountable to the nation,“ he said.