Commissioner for Human Rights

Constitution of the Republic of Poland

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Chapter II. FREEDOMS, RIGHTS AND OBLIGATIONS OF PERSONS AND CITIZENS
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Art.80.
In accordance with principles specified by the statute, everyone shall have the right to apply to the Commissioner for Human Rights for assistance in the protection of his freedoms or rights infringed by organs of public authority.

Chapter IV. THE SEJM AND THE SENATE DEPUTIES AND SENATORS

Art. 103.

1.       The mandate of a Deputy shall not be held jointly with the office of the President of the National Bank of Poland, the President of the Supreme Chamber of Control, the Commissioner for Human Rights, the Commissioner for Children's Rights or their deputies, a member of the Council for Monetary Policy, a member of the National Council of Radio Broadcasting and Television, ambassador, or with employment in the Chancellory of the Sejm, Chancellery of the Senate, Chancellery of the President of the Republic, or with employment in government administration. This prohibition shall not apply to members of the Council of Ministers and secretaries of state in government administration.

2.       No judge, public prosecutor, officer of the civil service, soldier on active military service or functionary of the police or of the services of State protection shall exercise the mandate of a Deputy.

3.       Other instances prohibiting the holding of a mandate of a Deputy or prohibiting the exercise of a mandate jointly with other public functions may be specified by statute.

Chapter VIII. COURTS AND TRIBUNALS. THE CONSTITUTIONAL TRIBUNAL
Art. 188.
The Constitutional Tribunal shall adjudicate regarding the following matters:

1.       the conformity of statutes and international agreements to the Constitution;

2.       the conformity of a statute to ratified international agreements whose ratification required prior consent granted by statute;

3.       the conformity of legal provisions issued by central State organs to the Constitution, ratified international agreements and statutes;

4.       the conformity to the Constitution of the purposes or activities of political parties;

5.       complaints concerning constitutional infringements, as specified in Article 79, para. 1.

Art. 191.

1.       The following may make application to the Constitutional Tribunal regarding matters specified in Article 188:

1.       the President of the Republic, the Marshal of the Sejm, the Marshal of the Senate, the Prime Minister, 50 Deputies, 30 Senators, the First President of the Supreme Court, the President of the Chief Administrative Court, the Public Prosecutor-General, the President of the Supreme Chamber of Control and the Commissioner for Human Rights,

2.       the National Council of the Judiciary, to the extent specified in Article 186, para. 2;

3.       the constitutive organs of units of local self-government;

4.       the national organs of trade unions as well as the national authorities of employers' organizations and occupational organizations;

5.       churches and religious organizations;

6.       the subjects referred to in Article 79 to the extent specified therein.

2.       The subjects referred to in para. 1 subparas. 3-5, above, may make such application if the normative act relates to matters relevant to the scope of their activity.

Chapter IX. ORGANS OF STATE CONTROL AND FOR THE DEFENCE OF RIGHTS
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Art.208.

1.       Commissioner for Human Rights shall guard human and civic freedoms and rights specified in the Constitution and other legal acts.

2.       The scope and manner of the operation of the Commissioner for Human Rights shall be specified in the Law.

Art.209.

1.       The Commissioner for Human Rights shall be nominated by the Sejm upon the approval of the Senate for 5 years.

2.       The Commissioner for Human Rights shall not occupy other position, with the exception of that of a university professor, nor shall he carry out other professional commitments.

3.       The Commissioner for Human Rights shall not be affiliated with any political party, trade union and shall not perform any public activities which could not reconcile with the dignity of his office.

Art.210.
The Commissioner for Human Rights shall be autonomous and independent from other state bodies and shall be responsible only before the Sejm as stipulated by the Law.

Art.211.
The Commissioner for Human Rights shall not be subject to penal liability nor shall be deprived of liberty without the earlier consent of the Sejm. The Commissioner for Human Rights may not be detained or arrested, with the exception when caught red-handed in the act and if his detention is indispensable to secure correct proceedings. The detention shall be immediately notified to the Speaker of the Sejm, who may order immediate release of the detainee.

Art.212.
The Commissioner for Human Rights shall present each year information to the Sejm and Senate about his activities and the state of the observance of human and civic freedoms and rights.