The Role of the Polish Constitution in the 2025 Presidential Elections: Powers, Limits, and Legal Controversies
- francescaqvisionfa
- Jun 3
- 4 min read
Updated: Jul 24
Author: Zuzanna
The Constitution is more important than ever as Poland prepares for presidential elections in 2025. As the cornerstone of the political system, it guides not only the conduct of government officials, but also the rights of candidates and voters. A good understanding of the Constitution influences the tactics of political parties and helps citizens make informed judgments. This article discusses the impact of the Polish Constitution on presidential elections, as well as presidential powers, term limits, current disputes and potential legal changes.
Presidential Powers under the Constitution
The powers of the President of Poland are detailed in the 1997 Constitution of the Republic of Poland in Chapter V. As head of state, the president also represents Poland abroad. In addition, the president can appoint important officials such as judges and diplomats, sign or veto laws, and command the armed forces in emergencies - he is also the Commander-in-Chief of the Armed Forces. The functions of other parts of the government, however, place limits on many of these abilities. For example, a three-fifths majority in the Sejm (the lower house of parliament) can override a presidential veto. This balance promotes cooperation between institutions and helps deter abuse of power.
Term Limits and Eligibility
Article 127 of the Constitution stipulates that the president is elected for a five-year term and can only be re-elected for one term. This means that no one can hold office for more than two consecutive terms. Andrzej Duda, the current president, who is already nearing the end of his term, was re-elected in 2020 and thus cannot run again in 2025. This allows new candidates from different parties to enter the race and assume the country's most important post.
To formally enter the contest, a candidate must also collect at least 100,000 signatures of residents and be at least 35 years old, according to the Constitution. The guidelines are designed to ensure that candidates are sincere, competent, and well-liked by the general public. Moreover, the President of the Republic is elected by the People through universal, equal, direct, and secret ballot elections.
Recent Constitutional Disputes
The interpretation of the Constitution has been the subject of numerous legal disputes in recent years. The independence of the judiciary is one of the main concerns. According to critics, the ruling party's policies have led to an erosion of the separation of powers, particularly by giving the executive branch more power over judicial appointments. These concerns have resulted in conflicts between Polish courts and EU institutions, which maintain that the independence of the judiciary must be preserved. These disputes affect the legal framework within which elections are held, even if they are not specifically related to presidential elections.
Another contentious issue is the use of presidential power during the COVID-19 epidemic. Thanks to last-minute modifications to the voting procedure, the 2020 presidential election was conducted under special conditions. The constitutionality of these modifications has been questioned by several lawyers. The discussion highlighted the need for more transparent legal processes and a better understanding of how the Constitution can be tested in emergency situations.
Impact of Legal Interpretation on the 2025 Election
The interpretation of the Constitution can have a significant impact on elections. For example, political influence on judicial appointments has led to accusations that the Constitutional Court, which decides whether laws and programs are valid, is not independent. This calls into question the impartiality and fairness of the Court's rulings during the presidential campaign. Judges' interpretation of constitutional provisions can determine the outcome of legal disputes over election laws or voter registration.
Another important factor is public confidence in legal institutions. The validity of election results could suffer if voters feel that the courts are biased or that the constitution is not respected. As a result, the 2025 elections are being closely watched from the very beginning of the launch of the election campaigns to the counting of the votes received by the candidates in the 2nd round of elections, by lawyers, members of civil society and foreign observers.
Discussion on Constitutional Reform
During the election campaign, some political parties and experts began discussing potential changes to the Constitution. Clarifying the separation of powers and limiting the influence of political parties on the judiciary are the two ideas most often floated. Another proposal is to expand the president's participation in defense and foreign policy, especially in response to global tensions and threats to Poland's security, given the conflict on the eastern border between Ukraine and Russia. Others propose the introduction of emergency regulations to ensure the smooth conduct of elections and other democratic procedures in times of crisis, the problem of which became apparent during COVID-2019.
These debates show that the Constitution is dynamic, even if there is currently no consensus on what reforms are required. It can be modified to accommodate new needs and difficulties. However, amending the Constitution, as specified in Article 235, is a difficult and lengthy procedure that requires the approval of the Sejm by at least a two-thirds majority in the presence of at least half of the statutory number of deputies (statutory number - 460 deputies) and the Senate by an absolute majority in the presence of at least half of the statutory number of senators (statutory number - 100 senators).
Conclusion
The 2025 presidential election is heavily influenced by the Polish Constitution. It defines who can run for office, the tasks and powers of the president, and the process for resolving legal disputes. However, it is a living document that all institutions must interpret and follow. The Constitution serves as both a legal framework and a political battlefield, as evidenced by recent disputes and ongoing discussions. Therefore, it is particularly important to understand and adhere to the constitutional ideals, as this will be essential to guarantee a fair and democratic process, but not only in the 2025 presidential election, but also in the future.