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Political accountability of the government

The controlling authority of the Chamber of Deputes in relation to the government finds its expression in those provisions of the Constitution which deal with the accountability of the Council of Ministers to the Sejm. The latter may express a vote of no confidence towards the whole government or its particular members. It may also grant a vote of confidence whenever the Prime Minister demands it to do so. The vote of no confidence or the event when a vote of confidence has not been granted to the Council of Ministers form the constitutional premises of dismissing the cabinet.

The vote of no confidence can be perceived as an extremely effective and severe means of ensuring the Sejm's controlling power. However, the Constitution does not determine the grounds on which the Deputies may decide to pass a resolution expressing their negative appraisal of the activities of the Council of Ministers. Art. 158 of the Constitution sets out detailed rules of procedure, stating that the vote of no confidence towards the government has to be passed by a majority vote of the statutory number of Deputies on a motion on this subject moved by at least 46 Deputies. Such a motion should also specify the name of a candidate for a new Prime Minister. The vote of no confidence is synonymous with the appointment of a new Prime Minister, and therefore is regarded as "constructive". The provisions of the Constitution impede the submission of this type of motions without due consideration and support. The basic law requires that the motion to pass a resolution concerning the vote of no confidence may be put to the vote no sooner than 7 days after it has been submitted; a subsequent motion may be submitted no sooner than after 3 months from the day the previous motion was submitted, unless the second motion is put forward by at least 115 Deputies.

A motion to pass a vote of no confidence in a particular member of the Council of Ministers may be submitted by at least 69 Deputies. The adoption of such a motion is effected by a majority vote of the statutory number of Deputies. Provisions prescribed by the Constitution in the case of a vote of no confidence passed against the Council of Ministers apply to votes concerning one of its members. The Constitution does not provide for the obligation to appoint the successor of a minister who was the object of the vote of no confidence.

As regards the vote of confidence granted by the Sejm to the Council of Ministers on the motion of the Prime Minister, the respective resolution may be adopted by a majority vote with at least half of the statutory number of Deputies.