Does the Constitution of the Republic of Poland Need Amendment?

Throughout history, Polish constitutions have always emerged under specific geopolitical and social circumstances. Today, after 36 years of the existence of a sovereign Polish state, our still fragile semi-democracy once again requires new constitutional solutions.

New provisions in the fundamental law, adapted to the demands of progress and the current political and social situation in Poland, are necessary in the near future and, in fact, inevitable.

It is worth noting that the Constitution of May 3, 1791 already provided for the convening of a special parliament every 25 years to review the fundamental law.

Today, more than a quarter of a century has passed since the last constitutional revision in Poland — it is high time for another amendment.

Recently, President Karol Nawrocki emphasized that a new constitution would be an attempt to “systematize what is happening in Poland,” referring to ongoing work on a new basic law. He added that if the “process of state destabilization” does not stop, he will submit a motion next year to hold a referendum.

In an interview with wPolsce24 television, the President stressed that the constitution has been “regularly violated over the past two years.” He also stated that if political circles fail to reach an agreement on systemic matters and the destabilization of the Polish state continues, he will do everything possible to ensure that citizens themselves decide on the country’s political system through a referendum.

History has taught us that Poland’s constitution should not only respond to its times but also serve the future by improving the functioning of the state and ensuring citizens’ prosperity. The current Constitution requires serious changes concerning the protection of individual and state rights. These changes should include legal instruments enabling sovereign domestic and foreign policy, national security, and citizens’ co-decision-making about their own future.

It is crucial that the revised constitution institutionalize citizens’ influence over decision-making processes at both national and local levels. This opens the door to introducing provisions concerning binding referendums as a decisive form of expressing the people’s will and exercising social control, civic initiatives that can trigger referendums, and civic veto powers aimed at overseeing the legislative process.

Currently, Poland’s political system reveals a clear tension between two types of democracy — parliamentary (representative) and grassroots (direct). Parliamentary mechanisms dominate, while direct democracy plays only a symbolic role.

The existing tools of direct democracy are limited mainly to local referendums, nationwide referendums on major issues, and citizens’ legislative initiatives.

However, Poland lacks a widespread tradition of decision-making through referendums. In practice, nearly all important decisions are made by the government or parliament. Referendums are organized by the Sejm or the President with the Senate’s approval, and citizens merely accept or reject proposals. Moreover, when turnout does not exceed 50%, the referendum becomes purely consultative.

Another limited tool is the citizens’ legislative initiative, which does not automatically trigger a referendum. Due to complicated procedures and short deadlines for collecting signatures, few civic bills reach parliament. Under such conditions, it is difficult to speak of genuinely binding grassroots forms of governance.

It is worth taking a closer look at constitutional provisions regarding direct democracy. Article 4(1) clearly states: “Supreme power in the Republic of Poland shall be vested in the Nation.” Section 2 adds: “The Nation shall exercise such power through its representatives or directly.”

The word “directly” is of great importance. It implies citizens’ participation in the exercise of power through instruments such as referendums and civic initiatives. These tools should be effective, not merely symbolic. Article 4 therefore provides both the foundation and the opportunity to introduce functional and efficient forms of direct democracy, also at the local government level.

There are many other issues related to the development of civil society that require new constitutional provisions, including electoral law reform, regulation of the judiciary, and many others.

All political parties compete in proposing ideas to improve the functioning of Poland’s social, political, and economic system. This shows that a broad constitutional debate — replacing vague declarations, promises, and wishful thinking — is more than necessary.

Such a debate must be wide and inclusive. Attempts to hastily draft a new constitution are at best unserious and not worth attention.

We now await the next steps and decisions of the President of Poland.