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Designation and appointment of the Prime Minister and the Council of Ministers

Pursuant to Art. 154 clause 1 of the Constitution, the President shall designate the Prime Minister. He is usually a person indicated by the parliamentary majority. The designated prime minister proposes to the President the composition of the Council of Ministers. Next, the President shall officially appoint the Prime Minister and other members of the Council of Ministers within 14 days of the date of the first meeting of the Sejm or the acceptance of the resignation of the previous Council of Ministers and shall administer the oath to the members of the newly appointed Council of Ministers.

 

The Prime Minister shall, within 14 days of his appointment by the President, present to the Sejm the Council of Ministers’ action plan with an application for a vote of confidence. The Sejm shall pass a vote of confidence by an absolute majority of votes , in the presence of at least half of the statutory number of members of parliament (the so-called “principal round of the government appointment”). Where the Council of Ministers is not appointed, or it is not granted the vote of confidence according to the above procedure, the Sejm shall elect the Prime Minister and the proposed members of the Council of Ministers from among the candidates declared by the members of parliament. The election shall take place by an absolute majority of votes in the presence of at least half of the statutory number of the members of parliament. The President shall appoint the so elected Council of Ministers and shall administer the oath to its members (“first reserve round”).

 

If the Council of Ministers is not appointed according to the above procedure, the President shall, within 14 days, appoint the Prime Minister and, at his request, other members of the Council, and shall administer the oath to the members. The Sejm shall, within 14 days of the appointment of the Council of Ministers by the President, grant the Council the vote of confidence by a majority of votes, in the presence of at least half of the statutory number of members of parliament. Where the vote of confidence is not given to the Council also according to this procedure (“second reserve round”), the President shall dissolve the Parliament and rules the early elections to the Sejm and the Senate.

 

The changes on individual positions of the ministers shall be made by the President, in the process of the government's work, at the request of the Prime Minister. Pursuant to Art. 159 clause 2 of the Constitution, the President shall also remove the minister in respect of whom the Sejm has passed the vote of non-confidence.

In the case of the resignation of the entire Council of Ministers, which takes place together with the Prime Minister's resignation, the President shall be entitled to accept the resignation; he shall also assign the function to the previous Council of Ministers until the new government is appointed.
 

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