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Participation of the President in the legislative process

Having reviewed the proposal of the Senate (or, if the Senate has not passed any resolution within 30 days) the Marshal of the Sejm submits the adopted statute to the President of the Republic of Poland for signature. The President is expected to sign the statute within 21 days and order its promulgation in the Journal of Laws of the Republic of Poland. However, before signing the statute, the President may refer it to the Constitutional Tribunal for an adjudication upon its conformity to the Constitution. In cases when in the opinion of Tribunal the statute conforms to the Constitution, the President cannot refuse to sign it. Accordingly, the President may refuse to sign a statute which the Tribunal has judged not to be in conformity to the Constitution. It should be stressed that whenever such non-conformity relates only to a certain number of the provisions which are not, in the Tribunal's opinion, inseparably connected with the statute in question the President may, after seeking the opinion of the Marshal of the Sejm, decide to sign the statute with the omission of the provisions which were questioned by the Tribunal. He may also decide to return the statute to the Sejm for the purpose of removing the non-conformity. The Senate participates in that proceeding.

If the President has not made reference to the Constitutional Tribunal to adjudicate on the constitutionality of a given statute, he may refer it to the Sejm for the latter to reconsider its contents (the so-called Presidential veto). Such reference has to be accompanied by an explanatory note. The Marshal of the Sejm submits the Presidential motion to the committee which was in charge of the statute before it was adopted by the Sejm. Subsequently, the committee prepares a report containing either a motion to repass the statute in its original wording or a motion to the contrary. The Sejm may override the Presidential veto by a three-fifths majority vote in the presence of at least half of the statutory number of Deputies. The statute which was repassed is signed by the President within 7 days and promulgated immediately afterwards. In such a situation the President no longer has the right to refer it to the Constitutional Tribunal.