The Council of Ministers of the Republic of Poland (Polish: Rada Ministrów Rzeczypospolitej Polskiej) is the collective executive decision-making body of the Polish government. The cabinet consists of the Prime Minister, also known as the Chairman of the Council of Ministers, the Deputy Prime Minister, who acts as a vice-chairman of the council, and other ministers. The current competences and procedures of the cabinet are described between Articles 146 to 162 of the constitution.
Nomination
The process of forming the Council of Ministers begins with the nomination of the prime minister by the President of Poland. The prime minister will then propose the composition of the cabinet, which must then be approved by the president. Despite the president's nominating role in choosing a prime minister and approving the composition of the cabinet, however, the presidency's role is strictly limited, as the president must respect the majority wishes of the Sejm. Furthermore, the president is forbidden to select a different cabinet composition than the one already selected by the prime minister. Following their nomination, all members of the cabinet take the oath of office within the Column Room of the Presidential Palace, in a ceremony officiated by the president.
Within fourteen days of its appointment, the cabinet, headed by the prime minister, is obligated to submit an agenda to the Sejm together with a vote of confidence. Should the vote of confidence fail, the process of government formation passes to the Sejm, which will then nominate a prime minister within fourteen days, who will then again propose the composition of the cabinet. An absolute majority of votes in the presence of at least half of all Sejm deputies is required to approve of the cabinet, which the president will then accept and administer their oaths of office. Should a vote of confidence fail again, the process of nomination is handed back to the presidency, who must again appoint a prime minister, who will then nominate other members of the cabinet. If the vote of confidence fails a third time, the president is obliged to shorten the Sejm's term of office and order new elections. However, since the adoption of the Constitution of 1997, all cabinets have successfully received a vote of confidence for their mandates, and have never required all of the reserve protocols of government formation to take place.
Powers
Composition
The Council of Ministers is headed by the prime minister, known also as the Chairman of the Council of Ministers. The prime minister directs the cabinet's activities and acts as its representative. Furthermore, the prime minister ensures the implementation of the cabinet's policies, coordinates and controls the work of his or her ministers, and issues regulations. The prime minister may also be assisted by a deputy prime minister, who acts as a vice-chairman to the cabinet. Both the prime minister and deputy prime minister can discharge the functions of a minister. The constitution does not further describe the deputy prime minister's functions in the government, though the office's tasks are instead dictated by the Prime minister, and it is not considered an autonomous state organ. The deputy prime minister's position is normally offered to representatives of the government's junior coalition partner. Deputy prime ministers also take on other ministerial positions.
The rest of the cabinet is composed of ministers, whose tasks and governmental administrative portfolios are selected and organized by the prime minister. Cabinet ministers may originate from the Sejm and Senat. Ministers may also be selected from outside of the legislature. Two categories of ministers exist. First are the 'department ministers,' who exercise authority and responsibility within the central government's administration, including ministries, subordinate departments and other institutions. Less important members of the cabinet are the 'ministers without portfolio,' who do not direct any of the government's administrative bodies, yet perform tasks designated to them specifically by the prime minister. Regulations by any member of the council of ministers can be overruled by the cabinet upon a motion by the prime minister. The Premier is also empowered to reshuffle or remove members from the cabinet.
The style of the government and the roles of its ministers are not constitutionally mandated, depending instead on the prime minister's personality.