Programme des modifications constitutionnelles en République Populaire de Pologne
Authors: Lopatka Adam 
Published: November 2010

Proposed Amendments to the Polish Constitution.

The Sixth Congress of the Unified Workers' Party resolved to actively implement Socialist development in the People's Republic of Poland and with this end in view, concluded that the present Constitution, in effect since July 22, 1952, has outlived its usefulness. This decision came about as the result of certain developments in Polish constitutional law.

In pre-communist Poland, both the Constitution of March 1921, and that of April 23, 1935, were conceptually unequalitarian, but in July 1944, the newly created People's Republic recognized de facto the legality of judicial statutes in effect in Poland on September 3, 1939, at the same time declaring illegal all legislative activity carried on by Polish ex-authorities in immigration in the West. Hence, the fundamental democratic principles of the 1921 Constitution remained in effect until July 1952, when replaced by the present Constitution.

The 1952 Constitution has undergone some changes, but only of secondary importance. Today's proposals are more far-reaching and aimed at adapting the text of the Constitution to contemporary economic and social conditions on the premise that it should not only reflect durable changes which have taken place in Poland and in the World at large since 1952, but also Poland's actual position on the ladder of Communist achievement.

Proposed amendments to the Constitution will be submitted to national public debate at the end of 1973, or early in 1974, and will probably be adopted by the Polish Diet on or before July 1974, to coincide with the thirtieth anniversary of the Polish People's Republic. They will be introduced in accordance with procedure stipulated in the present Constitution (article 91).

Together with the amendments, there will be certain additions to existing provisions : for example, that which assigns the role of leader ship to the Unified Workers' Party, underlining its alliance with the Unified Farmers' Party and with the Democratic Party and reinforcing its activity with regard to registration in the Unified National Front ; to that which applies to farmer and worker self-management ; to the role of mass media (the press, publications, radio and television) ; to the role of trade unions ; and to the present defense system.

As indicated by the above, the prescribed amendments concern all parts of the Constitution, the Introduction as well as the principal chapters. The basis for these modifications resides in the resolution of the Sixth Congress of the Polish Unified Workers' Party, already mentioned. In previous decisions made in the Central Committee of the Polish Communist Party and in suggestions presented by the three political parties and by different social organisations. An effort will be made to formulate the aims of State in accordance with the present-day situation and evolution in Poland, taking into account Polish integration in COMECON, the principles of present agricultural policy, actual conceptions with regard to private property and the role of individual consumption.

The chapter concerning citizens' rights, liberties and obligations will be incorporated in the chapters devoted to State organizations. The rights of the citizen will be enumerated in greater detail and certain rights and obligations will be more clearly defined. No important changes in the functioning of the Diet and of the government are expected. The desired enforcement of the role of the Diet depends mainly on the exercise of its functions. However, important alterations may take place in the State Council, and it is even possible that the office of President of the Republic may be introduced.

In local State organisations such as the People's Councils (Rady narodowe), there is a proposal to separate administrative and legislative control functions. In line with the introduction of community presidents (in December 1972), departmental (powiat) and provincial (voievodie) administrative chiefs, will probably be appointed by the central government.

The power of the Supreme Court to emit directives pertaining to jurisprudence will also be reinforced and its duties enlarged ; whereas, the functions of the procurator will not be significantly modified.

Certain changes in electoral practices may equally be anticipated, in particular with regard to local elections. The tenure of delegates to the Diet may be prolonged from four to five years, in this way changes in the legislature will take place at the same time the new five year plan gets under way. On the other hand, the mandate of the People's Councils (Rady narodowe) may be shortened ; in any event, elections to the Diet and the People's Councils will not take place simultaneously.