1.3 Main specifics of the constitutional system

The economic system

A social market economy, based on the freedom of economic activity, private ownership, and solidarity, dialogue and cooperation between social partners, shall be the basis of the economic system of the Republic of Poland. The Republic of Poland shall protect ownership and the right of succession. Expropriation may be allowed solely for important public purposes and for just compensation. Limitations upon the freedom of economic activity may be imposed only by means of statute and only for important public reasons. The basis of the agricultural system of the state shall be the family farm. 

The territorial system

According to the Constitution the territorial system of the Republic of Poland shall ensure the decentralization of public power. The basic territorial division of the State is determined by statute, allowing for the social, economic and cultural ties which ensure to the territorial units the capacity to perform their public duties. The institutions of the state have competence at one of the four levels of territorial division: central (country), regional (voivodship), supra-local (county), and local (commune).

Regional level
On the 31st of December 2006 the territory of Poland (312 683 sq. km) was divided into 16 voivodships corresponding with level NTS 2. For statistical purposes two additional levels of territorial division without any administrative or self-government competences and bodies were introduced. They correspond with level NTS 1 (6 regions including several voivodships), and with level NTS 3 (45 subregions including several counties within a voivodship). In the near future the number of subregions will increase up to 66.

Supra-local level
In Poland, on the 31st of December 2006 there were 314 counties, and 65 cities with a county status, i.e. in total 379 supra-local territorial units corresponding with level NTS 4.

Local level
In Poland, communes can be urban (called ‘towns' in short), urban-rural and rural ones. Urban-rural communes comprise local communities with a town possessing municipal rights and rural areas, deprived of such rights. The communal auxiliary units are districts (estates) in towns and villages in rural communes.
On the 31st of December 2006 there were 2478 communes, including 65 urban communes (towns) with a county status. Those units correspond with level NTS 5. There were 889 localities with municipal rights, 307 of them as separate urban communes (towns), and 582 as urban-rural communes. The rest was constituted by 1589 rural communities. The number of villages (in all types of communes, even the urban ones) amounted to 40 328.

The territorial self-government

According to the Constitution the inhabitants of the units of basic territorial division shall form a self-governing community in accordance with law. Local government shall participate in the exercise of public power. The substantial part of public duties which territorial self-government is empowered to discharge by statute shall be done in its own name and under its own responsibility.

Territorial self-government is not a new institution in Poland. It functioned effectively before WW II and in the first post-war years. It was abolished only in 1950 and replaced by a system of the so-called territorial uniform national authority (national councils) based on the Soviet model. Political changes in the years 1989-90 made it possible to go back to the institution of the territorial self-government, first at the local (commune) level and at present also at the supra-local (county) and regional (voivodship) level. Subjectivity of local communities became a reality.

According to the Constitution, territorial self-government performs public tasks not reserved by the Constitution or statutes to the organs of other public authorities. The commune is the basic unit of territorial self-government. Other units of regional and/or local self-government (voivodship and county) shall be specified by statute. Units of territorial self-government possess legal personality. They have rights of ownership and other property rights. The self-governing nature of units of territorial self-government is protected by the courts. Public duties aimed at satisfying the needs of a self-governing community are performed by units of territorial self-government as their direct responsibility. If the fundamental needs of the state shall so require, a statute may instruct units of territorial self-government to perform other public duties. The mode of transfer and manner of performance of the duties so allocated are specified by statute. The administrative courts shall settle jurisdictional disputes between units of territorial self-government and units of government administration.

Units of territorial self-government shall be assured public funds adequate for the performance of the duties assigned to them. The revenues of units of territorial self-government consist of their own revenues as well as general subsidies and specific grants from the state budget. The sources of revenues for units of territorial self-government are specified by statute. Alterations to the scope of duties and authorities of units of territorial self-government shall be made in conjunction with appropriate alterations to their share of public revenues. To the extent established by statute, units of territorial self-government shall have the right to set the level of local taxes and charges.

Units of territorial self-government perform their duties through constitutive and executive organs. Elections to constitutive organs are universal, direct, equal, and are conducted by secret ballot. The principles and procedures for submitting candidates and for the conduct of elections, as well as the requirements for the validity of elections, are specified by statute. The principles and procedures for the election and dismissal of executive organs of units of territorial self-government are specified by statute. The internal organizational structure of units of territorial self-government shall be specified, within statutory limits, by their constitutive organs. Members of a self-governing community may decide, by means of a referendum, matters concerning their community, including the dismissal of an organ of territorial self-government established by direct election. The principles of and procedures for conducting a local referendum are specified by statute.

The legality of actions by a territorial self-government is subject to review. The organs exercising review over the activity of units of territorial self-government are: the Prime Minister and voivods and regarding financial matters - regional audit chambers. On a motion of the Prime Minister, the Sejm may dissolve a constitutive organ of territorial self-government if it has flagrantly violated the Constitution or a statute. Units of territorial self-government have the right to associate. Each unit of Polish territorial self-government (voivodship, county, and commune) has the right to join international associations of local and regional communities as well as cooperate with local and regional communities of other states.

The political parties

The Republic of Poland ensures freedom for the creation and functioning of political parties. Political parties shall be voluntary organizations and guarantee the equality of Polish citizens, and their purpose shall be to influence the formulation of the policy of the state by democratic means. The financing of political parties shall be open to public inspection. Political parties and other organizations whose programs are based upon totalitarian methods and the modes of activity of nazism, fascism and communism, as well as those whose programs or activities sanction racial or national hatred, the application of violence for the purpose of obtaining power or to influence the state policy, or provide for the secrecy of their own structure or membership, shall be prohibited.

The transformation since 1989 brought fundamental change to the political and party system in Poland. The Polish United Workers' Party (PZPR), which had previously enjoyed political and ideological hegemony, was obliged to relinquish this status in favour of political pluralism. Initially, the political divide was a clear-cut line between groups and parties that emerged from the "Solidarity" movement, and the post-Communist groups. Currently, this division has become somewhat vaguer and of lesser effect, and in many ways the Polish political scene now resembles European and world patterns.

Thus, the political parties in Poland represent a broad range of public consensus, with groups which may be classified as social-democratic, liberal, conservative, national, rural-interest, or populist. There are also small radical groups with a negligible amount of public sympathy. Some observers of the Polish political scene have endeavoured to define a traditional division into left-wing, right-wing, and centre, but in practice very few of the existing parties may be accurately described in terms of such definitions. The most important political parties, represented in the Polish Parliament are (alphabetically ordered):

  • The Civic Platform (PO)
  • The Democratic Left Alliance (SLD)
  • The Law and Justice (PiS)
  • The League of Polish Families (LPR)
  • The Polish People's Party (PSL)
  • The Self-defence of the Republic of Poland (Samoobrona)

The Civic Platform (PO) was created in 2001 by former members of the Democratic Union (UD) and the Electoral Action Solidarity (AWS) parties. The Civic Platform represents the democratic-liberal, Europe-oriented, young and well educated, metropolitan electorate, business circles, as well as all who want a wholesome and robust state based on a free-market economy and the principle of competition.

The Democratic Left Alliance (SLD) was created in 1999 from several social democratic groups predominantly deriving from the former Social Democracy of the Republic of Poland. Some of its members are the former supporters of the Polish United Workers' Party (the communist party), but the SLD is a modern social-democratic party, combining concern for working people with a responsible state financial policy.

The party "Law and Justice" (PiS) was created in 2001 and is a nationalist and conservative party which cherishes the traditions of independence and derives from the Solidarity movement of the 1980s. PiS represents a conservative, less educated, small-town and rural electorate which favours a traditional social order, strong state intervention in economy, a strong and wholesome state, the principle of law and order and a resolute fight against crime and corruption.
The League of Polish Families (LPR) is a party on the far right, with nationally oriented views. LPR is one of the few organized political groups which actively oppose Poland's accession to the European Union. The League favours a high level of government intervention in the sphere of economics. At the same time, the chief goals of this party are protection of traditional values such as the family and pro-life policies, patriotism, religion, freedom, and private property.

The Polish People's Party (PSL) is a modern rural-interest party; it sees itself as a centre party. PSL represents the interests of farmers and agricultural employees, residents of rural areas and country towns. The PSL looks back to the political traditions of the large agrarian communities in Poland before the Second World War and Stanisław Mikołajczyk's PSL, which was the only independent political party tolerated in a brief spell from 1945 to 1947.

The party "Self-defence of the Republic of Poland" is a movement which has won the support of those who have been disappointed by the socio-political and economic changes in Poland since 1989. "Self-defence" enjoys the sympathy of voters in rural and provincial areas, the unemployed, former state farm workers and unskilled workers. "Self-defence" is a populist party, and its objectives are directed against the current social and legal order. Members of the "Self-defence Party" have built up a reputation for vociferous public protest, including the disruption of parliamentary proceedings.