Constitutional reforms in Poland after 7 April 1989

Abstract

The political events of the late 1980s, as well as the results of the Round Table negotiations, needed their formal confirmation in the Constitution in order to secure their durability. During the political transformation in the years 1989–1991, there were seven amendments of the Constitution of 1952 adopted, out of which the first two were particularly important. The first amendment of April 1989 restored, among others, the office of the President as a head of state and the Senate, as well as established the National Council of the Judiciary as the body protecting independent courts and judges. The second amendment of December 1989 introduced the fundamental principles such as a democratic state ruled by law, social justice, political pluralism, freedom of economic activity and property protection. The current Constitution of 1997 has been amended only twice – in 2006 in regard to the extradition of a Polish citizen (art. 55 par. 3) and in 2009 in regard to passive electoral rights (art. 99 par. 3). As shown by the political experience after 2015, the procedure for adopting the amendment to the Constitution set out in art. 235 is extremely difficult, which has led to a situation in which it is bypassed and the content of constitutional provisions is changed by ordinary provisions.