Mateusz Morawiecki (PiS) received the mission from President Andrzej Duda to form a government. What are the next steps in the process of electing a new Council of Ministers? What scenarios are possible? We explain.
In Monday’s message Andrzej Duda confirmed that he had decided to entrust the mission of forming a government Mateusz Morawieckiand he will appoint the senior marshal who will lead the first session of the Sejm of the 10th term Marek Sawicki from the Polish People’s Party.
Conducted on October 15 elections parliamentary won Law and Justice, however, there is no parliamentary majority – the party gathered 194 seats, with a minimum of 231 seats needed for a majority. Such a majority can be created by the Civic Coalition, Third Way and the Left, which have a total of 248 seats.
The president entrusted Mateusz Morawiecki with the mission of forming a government. What’s next?
Mateusz Morawiecki, the candidate for prime minister proposed today by the president, in the first constitutional step leading to the appointment of a new government, must, within 14 days from the first sitting of the Sejm on November 13, obtain a vote of confidence. This means support by an absolute parliamentary majority (the number of votes “for” is greater than the number of votes against and abstentions) in the presence of at least half of the statutory number of deputies.
1. The President of the Republic of Poland designates the Prime Minister, who proposes the composition of the Council of Ministers. The President of the Republic of Poland appoints the Prime Minister together with the other members of the Council of Ministers within 14 days from the date of the first sitting of the Sejm or the acceptance of the resignation of the previous Council of Ministers and takes the oath from the members of the newly appointed Council of Ministers. 2. The Prime Minister, within 14 days from the date of appointment by the President of the Republic of Poland, presents to the Sejm the program of activities of the Council of Ministers with a request for a vote of confidence in it. The Sejm passes a vote of confidence by an absolute majority of votes in the presence of at least half of the statutory number of Deputies.
If this attempt was unsuccessful, in the second step, the Sejm takes the initiative. In this case, the new prime minister and his government also need it absolute majority of votes in the presence of at least half of the statutory number of deputies. If such a vote is successful, the president cannot refuse to appoint and swear in the government so elected.
3. In the event of failure to appoint the Council of Ministers in accordance with section 1 or failure to grant it a vote of confidence in accordance with section 2 The Sejm within 14 days from the expiry of the deadlines specified in section 1 or section 2 elects the Prime Minister and the members of the Council of Ministers proposed by him by an absolute majority of votes in the presence of at least half of the statutory number of Deputies. The President of the Republic of Poland appoints the Council of Ministers so elected and takes the oath from its members.
However, if the MPs failed to form a government, in the third step leading to the appointment of a new government, the initiative returns to the president, and a simple majority is needed for a vote of confidence. If this option fails, the president will order new parliamentary elections.
1. In the event of failure to appoint the Council of Ministers pursuant to Art. 154 section 3 The President of the Republic of Poland, within 14 days, appoints the Prime Minister and, at his request, the remaining members of the Council of Ministers and takes their oath. Within 14 days from the date of appointment of the Council of Ministers by the President of the Republic of Poland, the Sejm shall grant it a vote of confidence by a majority of votes in the presence of at least half of the statutory number of Deputies. 2. In the event of failure to grant a vote of confidence to the Council of Ministers in the manner specified in section 1, the President of the Republic of Poland shortens the term of office of the Sejm and orders elections.
The difference between an absolute majority and a simple majority is fundamental: in the latter, abstentions are not taken into account. In both cases, however, for the vote in the Sejm to be valid, the quorum rule must be met: at least half of the statutory number of deputies (i.e. at least 230) must be present in the room during the vote.
So far, governments were appointed in the first constitutional step – with the exception of the government of Marek Belka, which in 2004 received a vote of confidence only in the third step. On June 24, 2004, the government received a vote of confidence by a simple majority of votes and at the same time by a majority of the Sejm (236 MPs were in favor).
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The first meeting of the Senate will also take place on November 13
On November 13, the day of the first session of the Sejm, the new Senate will also meet. The meeting of the upper house will be opened by the president, who will then appoint the oldest senator, customarily titled senior marshal, as the chairman of the first session.
The Senior Marshal will take the oath and appoint three secretaries of the first session from among the youngest senators, and then take the senatorial oath and elect the Marshal of the Senate.
The senator elected to the position of marshal will then submit a declaration of acceptance of the function, and will then take over the chairmanship of the meeting from the senior marshal. During the first meeting, the deputy speakers of the chamber and its secretaries are also elected.
In the new Senate, Civic Coalition candidates won 41 seats. Law and Justice won 34 seats. Trzecia Droga filled 11 seats, and a New Left – 9. 5 people also entered the Senate, running from their own electoral committees.
Main photo source: Rafał Guz/PAP