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The President of the Republic of Poland does not bear any parliamentary accountability. Such accountability for the President's official acts which require the signature of the Prime Minister are borne by the latter. Thus, the controlling activity of the Sejm indirectly encompasses the official acts of the President countersigned by the Prime Minister. The Constitution contains a list of the President's official acts whose validity does not require the signature of the Prime Minister (e.g. the proclamation of elections, the signing or refusing to sign a statute, legislative initiative, the nomination and appointing of the Prime Minister). Additionally, due to the participation of the Sejm in the process of ensuring the constitutional accountability of the President (by means of a resolution to hold the President accountable, passed by the National Assembly which consists of the members of both Chambers), the object of control exercised by the Sejm may also be the legality of the activities of the head of State. The Constitution provides for a broad scope of the controlling function of the Sejm. This scope of the Chamber's potential influence is expanded by art. 111 of the Constitution which grants the Sejm the right to appoint an investigative committee to examine a particular matter. This committee is in fact an instrument of the Sejm's controlling activity. However, the wording of the aforementioned article suggests that the committee's focus might be situated also outside the scope of activities of the executive power and territorial self-government. The controlling authority of the Sejm entails, although to different degrees, the activities of organs of State control and for defence of rights (Chapter IX of the Constitution). The authority of the Sejm as regards the Supreme Chamber of Control lies beyond the range of control, considering that the Constitution speaks about the subordinate position of the Chamber in relation to the Sejm. According to art. 204 of the Constitution the Supreme Chamber of Control presents to the Sejm "an annual report on its activities". The President of the Chamber, however, is not held politically responsible to the Sejm, and is constitutionally accountable only to the Tribunal of State which, in turn, assumes the participation of the Sejm in the realisation of such accountability. Moreover, the Constitution excludes the possibility of holding the President of the Chamber criminally responsible without the prior consent of the Sejm. Particular significance for the realisation of the regulations of the Constitution pertaining to relations between the Supreme Chamber of Control and the Sejm is ascribed to the functioning of the State Control Committee of the Sejm, which has at its disposal rights making it possible not only to analyse byt also to shape the directions of control in the State. The committee presents opinions about plans concerning the work and budget of the Supreme Chamber of Control and reports on their execution, prepares periodic assessments of the activity pursued by the Supreme Chamber of Control and, in particular, analyses the control itself and the realisation of post-control activity. The committee may submit to the Sejm a motion on the immediate presentation of information about the outcome of the control exercised by the Supreme Chamber of Control as well as submit to the Marshal of the Sejm the results of an appraisal of the work performed by that Chamber. The relationship between the Sejm and the Commissioner for Citizen's Rights, i.e. the Polish ombudsman, is ruled by a different set of principles. The Commissioner is regarded as a special organ, closely connected with the Parliament and supervising the correctness of the activities of different public authorities towards the citizens. The Commissioner remains "independent", and is "accountable only to the Sejm in accordance with principles specified by statute" (art. 210 of the Constitution). The Constitution requires that the Commissioner present the Sejm with annual reports on his activity. The Law on Radio Broadcasting and Television provides that the Sejm participates in controlling the activities of the National Council of Radio Broadcasting and Television, which the Constitution ranks among organs of State control and for defence of rights. The Council presents the Sejm with annual reports on its activities. Such a report may be rejected by the Chamber of Deputies; if the Senate shares this decision, then after obtaining the consent of the President, the term of office of the Council expires. |