Editing Prime Minister of Poland (section)

==Selection and responsibilities==
===Appointment===
[[File:Kazimierz Marcinkiewicz i Aleksander Kwasniewski.jpg|thumb|left|Prime Minister [[Kazimierz Marcinkiewicz]] (left) being sworn in by President [[Aleksander Kwaśniewski]] (right) in October 2005]]
According to Article 154 of the Constitution of Poland, the prime minister is nominated by the president. However, the nomination process is not solely dictated by presidential preference. By convention, the president nominates the leader of the party which obtained the most seats in the previous parliamentary election, or the leader of the senior partner in a coalition.<ref>[[#Prokop|Prokop]] p. 126</ref> The president is neither entitled to dismiss the prime minister, appoint nor dismiss individual members of the cabinet, or the council of ministers as a whole at will.<ref>[[#Brodecki and Jankowski|Brodecki and Jankowski]] p. 26</ref> Upon selection, the prime minister will propose members of the cabinet, and within fourteen days, must submit a programme outlining the new government's agenda to the Sejm, requiring a vote of confidence from its deputies.<ref name="Art154p2" /> In the event that a vote of confidence fails, the process of government formation passes to the Sejm, which will then nominate a prime minister within fourteen days, who will again propose the composition of the cabinet.<ref>Article 154, para. 3</ref> An absolute majority of votes in the presence of at least half of all Sejm deputies is required to approve the cabinet, and the president is required to accept and swear in the Sejm's nominee. If the vote of confidence fails again, the process of nomination is handed back to the presidency, who will appoint a prime minister, who will then nominate other members of the cabinet.<ref>Article 155, para. 1</ref> If the vote of confidence fails a third time, the president is obliged to dissolve the Sejm and call new elections.<ref>Article 155, para. 2</ref>

As part of political tradition, the prime minister and the ministers take the oath of office inside the Column Hall at the [[Presidential Palace, Warsaw|Presidential Palace]], in a ceremony administered by the president.<ref>{{cite web |title=Presidential Palace in Warsaw |date=13 August 2009 |url=http://www.president.pl/en/presidential-residences/presidential-palace |publisher=[[President of Poland]] |access-date=27 April 2013 |archive-date=17 April 2013 |archive-url=https://web.archive.org/web/20130417010544/http://www.president.pl/en/presidential-residences/presidential-palace/ |url-status=live }}</ref> Upon their inauguration, the prime minister and the ministers must take the following pledge before the head of state:

{{Blockquote|"Assuming this office of prime minister [deputy prime minister, minister] I do solemnly swear to be faithful to the provisions of the constitution and other laws of the Republic of Poland, and that the good of the Homeland and the prosperity of its citizens shall forever remain my supreme obligation."<ref name="Art151">Article 151</ref>|}} The oath may also be finished with the additional sentence, "So help me God."<ref name="Art151" />

===Role in the cabinet and powers===
Article 148 of the constitution stipulates that the prime minister shall act as the representative of the cabinet as a whole, delegate its agendas, coordinate the work of ministers, ensure the implementation of policy adopted by the cabinet, and issue regulations. Additionally, the prime minister acts as the superior of all civil servants.<ref>Article 153, para. 2</ref> The prime minister is further assisted by a [[Deputy Prime Minister of Poland|deputy prime minister]] (or ministers), who will act as a vice-president within the council of ministers.<ref>Article 147, para. 2</ref> The make-up of the cabinet, its distributed portfolios and its governing style, however, very much depends on the premier's personality.<ref name=Brodecki28>[[#Brodecki and Jankowski|Brodecki and Jankowski]] p. 28</ref> The prime minister cannot, however, hold the presidency nor any other high state office, such as the chairmanships of the [[Supreme Audit Office (Poland)|Supreme Chamber of Control]], the [[National Bank of Poland]], or the [[Polish Ombudsman|Ombudsman for Citizens Rights]], simultaneously. With the power to distribute and reshuffle cabinet members, the prime minister can also discharge the functions of a minister.<ref>Article 147, para. 3</ref> Similarly, the prime minister can call upon the cabinet to repeal a regulation or order from any minister.<ref>Article 149, para. 2</ref>

The prime minister must answer questions from deputies during each sitting of the Sejm.<ref>Article 115, para. 1</ref> The premier and other ministers are also constitutionally mandated to answer [[Interpellation (politics)|interpellations]] from deputies within 21 days of their submission.<ref>Article 115, para. 2</ref>

In accordance to Poland's semi-presidential system, most official acts of the presidency require the prime minister's [[Countersign (legal)|countersignature]] in order to become valid.<ref name="Garlicki25">[[#Garlicki|Garlicki]], p. 25</ref> Through this, the prime minister acts as a gatekeeper to the president to certain acts, while also accepting responsibility to the Sejm for the president's actions.<ref name="Garlicki25" /> This legal relationship, established under the constitution, attaches a significant presidential dependence on the prime minister's signature, arguably enlarging the premier's responsibilities and legal standing.<ref name="Garlicki25" /> The President, however, does not need the prime minister's countersignature for a limited selection of other acts, including the appointment of judges, conferring orders and decorations, appointing a president to the [[Supreme Court of Poland]], exercising [[pardon]]s, making a referral to the [[Constitutional Tribunal (Poland)|Constitutional Tribunal]], or appointing members to the [[National Broadcasting Council]].<ref>Article 144, para. 3</ref> The presidency's most significant power over the prime minister is the right to [[veto]] the government's legislation, but this procedure may be overruled by a three-fifths voting majority in the Sejm.<ref name=Prokop95>[[#Prokop|Prokop]] p. 95</ref>

The prime minister can also submit a vote of confidence of their cabinet to the Sejm.<ref>Article 160</ref> A vote of confidence in the cabinet can be granted by at least half of all of the Sejm's deputies.<ref name="Prokop95" /> Similarly, if the council of ministers loses its majority support within the Sejm, the cabinet can be forced to resign in a [[constructive vote of no confidence]].<ref name="Brodecki28" /> The motion must be approved by at least 46 deputies, and then passed by a majority vote.<ref>Article 158, para. 1</ref> In such an event, a new prime minister must be simultaneously appointed.<ref name="Brodecki28" /> Additionally, the premier must submit the resignation of their cabinet at the first sitting of a newly elected parliament, as well as after a vote of no confidence has been successfully passed against the council of ministers or upon their own individual resignation.<ref>Article 162, paras. 2–3</ref> In the event of the prime minister's resignation or death, the president can either accept or refuse the cabinet's resignation of office.<ref>[[#Prokop|Prokop]], p. 127</ref>

For the regional governments of the [[Voivodeships of Poland|voivodeships]], the prime minister is empowered to appoint a ''voivode'' for each of the republic's sixteen provinces, who supervises the central government's administration in the regions, as well as the functions of local government.<ref>[[#Enyedi and Tózsa|Enyedi and Tózsa]] pp. 290–291</ref> The Sejm, upon a motion of the prime minister, can dissolve a local or regional government if it is flagrantly violating the constitution or legal statutes.<ref>Article 171, para. 3</ref>

Among the office's emergency and security powers, the prime minister can request to the president a military [[commander-in-chief]] of the [[Polish Armed Forces]] during a time of war, or order a partial or general mobilisation in the event of a direct threat to national security.<ref>Articles 134, para. 4; Article 136</ref> The prime minister also retains the right to appoint and dismiss the heads of the special services, including the ''[[Police of Poland|Policja]]'', [[Border Guard (Poland)|Border Guard]], [[Internal Security Agency|ABW]], [[Foreign Intelligence Agency|AW]], and the [[Government Protection Bureau]].<ref name="UW">{{cite web |url=http://www.ipsir.uw.edu.pl/informacje_o_instytucie/katedry_i_zaklady/katedra_kryminologii_i_polityki_kryminalnej/referaty_i_artykuly/law_enforcement__security_services_and_agencies_in_poland__a__rzeplinski__a__kremplewski |publisher=[[University of Warsaw]] |title=Law enforcement, security services and agencies in Poland. Their accountability and transparency |access-date=11 April 2013 |archive-date=14 June 2010 |archive-url=https://web.archive.org/web/20100614043048/http://ipsir.uw.edu.pl/informacje_o_instytucie/katedry_i_zaklady/katedra_kryminologii_i_polityki_kryminalnej/referaty_i_artykuly/law_enforcement__security_services_and_agencies_in_poland__a__rzeplinski__a__kremplewski |url-status=dead }}</ref> The heads of both the ABW and AW are entitled to directly report to the premier.<ref name="UW" /><ref group="note">The [[Policja]], the [[Border Guard (Poland)|Border Guard]] and the [[Government Protection Bureau]] are directly subordinate to the [[Ministry of Interior (Poland)|minister of the interior]].</ref> In the event of public disorder, the prime minister can, upon a motion by the interior minister, authorise special armed units of the ''Policja'' to restore order.<ref name="UW" /> If such units prove ineffective in such a situation, the prime minister is authorised to call upon the president to deploy the Polish Armed Forces to bring law and order.<ref name="UW" />