Preamble

[ Here the invocation reflecting the values of the voivodeship ]
We, citizens of the Model Voivodeship
[ Here the vision of local values and goals ]
guided by the desire to build a strong and just Republic of Poland,
in a sense of solidarity with the inhabitants of other voivodeships,
in accordance with the Constitution and national laws
as well as international law binding Poland,
we establish this Voivodeship Charter
– a set of answers to the questions most frequently asked by citizens
which, together with the Basic Resolutions,
will constitute the fundamental right for our Voivodeship.

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Part I. Questions about the General Principles on which the Subnational Government of our Voivodeship Serves the Citizens


Question 1: In our Voivodeship, citizens are members of various units of the subnational government. What are the relations between these units?

1.1. In the Model Voivodeship, each citizen is, by law, a member of a commune, county and voivodeship community where they reside. Residents of City name, City name, City name, City name and City name form a community of the city with the rights of a county, which combines the rights of a commune and a county. Commune, county, city and voivodeship communities together form the Subnational Government of our Voivodeship.

1.2. The Constitution of the Republic of Poland gives the commune the status of a basic subnational governance unit. This means that all public tasks which the Constitution or laws have not been reserved for national authorities, and which the Basic Voivodeship Resolutions have not delegated to county and voivodeship authorities, are performed at the commune level.

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Question 2: Who exercises subnational government authority in our Voivodeship?

2.1 The subnational government authority in the Model Voivodeship belongs to the citizens of the Voivodeship, who exercise this authority directly or through the institutions of the subnational government of our Voivodeship. The subnational government authority shall be exercised within the framework and limits set by the Constitution of the Republic of Poland, international agreements binding on the Republic of Poland, including the law of the European Union, national statutes and regulations.

2.2 Citizens shall participate in the exercise of the subnational authority, in particular through referenda and electronic referenda, including Electronic Voivodship Referenda on the distribution of funds from the Civic Family Budget and other civic budgets, participation in the Civic Dialogue concerning draft Voivodeship Resolutions and other acts of voivodeship and local law, Citizen’s Legislative Initiative, initiating or participating in Social Consultations, participation in sessions (traditional and electronic) of legislative bodies of the subnational government in our Voivodeship and convening civic sessions of these bodies. 

2.3 The system of democratically elected subnational authorities in our Voivodeship is based on the principle of separation of powers: legislative, executive, judicial and independent control institutions. The system of these authorities is presented in the table below:
Legislative Power Executive Power Judicial Power Independent Control Institutions 
National Level Sejm of the Republic of Poland Senate of the Republic of Poland Council of Ministers Supreme Court  Constitutional Tribunal Supreme Administrative Court  National Council The judiciary President the Republic of Poland National Election Commission Other national independent institutions (within the scope of their competence) The College of the Voivodeships
Voivodeship Level Diet [Sejmik] Voivodeship Senate  Voivode The Voivodeship Council of Ministers  Voivodeship Executive Agencies The Supreme Voivodeship Court County courts Voivodeship Audit Chamber  Voivodeship Ombudsman
County Level Council  City Council Mayor  Board of Executives
Commune Level Council Mayor

City with County Rights Level

2.4 The seats of the voivodeship authorities are cities with county rights in our Voivodeship.

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Question 3: What are the principles followed by the institutions of the subnational government of our Voivodeship in performing their functions for the benefit of citizens?

3.1 All institutions of the subnational government of our Voivodeship act on the basis of and within the limits of national law, international law binding on Poland, voivodeship law, and in the case of communes, counties and cities - also the law of a given commune, county or a city.

3.2. The subnational government institutions of our Voivodeship perform their functions on the basis of the following principles:

3.2.a. The principles of subsidiarity and proportionality;

3.2.b. The principles of honesty and transparency;

[ Here are other principles which will be followed by subnational government authorities in the Voivodeship ].

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Question 4: What civil rights and freedoms are protected by the subnational government of our Voivodeship?

4.1.  All institutions of government of our Voivodeship shall respect and ensure respect for the rights and freedoms of every human being guaranteed in the Constitution of the Republic of Poland and in international law binding on the Republic of Poland. Additionally, our Voivodeship protects and acts for the fullest realization of: [ Here each voivodeship can present a list of rights and freedoms that are particularly important for a given voivodeship and correspond to regional values. These rights and freedoms can be divided into three groups:
  • Group one: Rights concerning the functioning of subnational authorities in the voivodeship, e.g. the right to understandable, responsive, friendly and free from bureaucratic jargon communication on the part of our subnational government administration;
  • Second group: rights related to social, moral, political or civilizational challenges, e.g. the right of a citizen to receive additional medical services co-financed by the subnational authorities of the Voivodeship;
  • Third group: economic rights, e.g. the right to free nursery care for children aged 3 months / 6 months / 1 year - 3 years and kindergartens for children aged 3 - 7 [3 - 6] years. ]

4.2. Respecting the constitutional principle of equality before the law, the subnational institutions in our Voivodeship provide special protection and care: [ Here are examples of groups which, according to local values, are given special care, e.g. elderly people, families with many children, people socially discriminated against on the basis of sexual orientation, etc. ]

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Part II. Questions Concerning Individual Institutions 0f The Government of Our Voivodeship


Question 5: How is our commune government elected and how does it work?

5.1 The legislative power in communes is exercised by Commune Councils and the executive power the Mayor. In cities county rights, a City Council exercises the legislative power, while the executive power is exercised by the Mayor.

5.2 Commune Councils or City Councils shall be composed of not less than 15 and not more than 45 councilors, depending on the number of inhabitants of the commune. Councilors are elected in equal, secret, direct elections [option: proportional], in which all residents of a commune are entitled to vote, for a four-year term [or any other number not higher than 5 years].

5.3 The Mayor is elected [Option 1] in equal, secret, general and direct elections for a four-year term of office [or any other number not higher than 5 years] // [Option 2] elected and dismissed by the Commune or City Council by a majority of the full Council. A Mayor may only be a Polish citizen.

5.4 All resolutions and votes of a Commune Council or City Council are held electronically, through demokracja.gov.pl portal. These resolutions and voting shall be open to the public, unless the law provides that the resolution, election or other decision is to be taken in an electronic confidential vote. In electronic confidential voting, the voter's identity is known only to members and employees of the National Election Commission administering demokracja.gov.pl portal, who are obliged to maintain secrecy under the threat of criminal liability.

5.5 Electronic voting may take place during a traditional session during which the councilors of a commune or city are physically present in one place, or an electronic session during which the discussion is conducted through demokracja.gov.pl. Traditional session is convened at least once a quarter. Both traditional and electronic sessions shall be open and recorded.

5.6 Resolutions of a Commune or City Council shall be adopted by a simple majority of votes in the presence of at least half of the full Council.

5.7 Commune or city councilors may form a political group of councilors.

5.8 A Commune or City Council shall elect from among its members a Chairperson and one to three Vice-Chairpersons by an absolute majority of votes in the presence of at least half of the full Council, in an electronic confidential vote.

5.9. A Commune or City Council exercises a control function over the Mayor. For this purpose, it appoints an audit committee composed of representatives of all councilors' political groups, except for councilors acting as the chairperson or vice-chairpersons of the Council.

5.10. The commune or city councilors may not take up additional activities or receive donations that could undermine voters' confidence in the exercise of their mandate. They may not invoke their mandate in connection with additional activities or businesses. They may not conduct business activity on their own account or together with other persons with the use of commune or city property, nor may they perform the function of a head or deputy head of a commune, county, city or voivodeship organizational unit.

5.11. The Mayor is in charge of the day-to-day running of the affairs of the commune or the city. Commune or city organizational units and companies are subordinate to the Mayor.

5.12. Wójt, burmistrz lub prezydent miasta wydaje zarządzenia publikowana na portalu modelowe.gov.pl. Zarządzenia wójta, burmistrza lub prezydent miasta są jawne i umotywowane.

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Question 6: How is our county government elected and how does it work?

6.1 The legislative power of the county is the County Council, and the executive power is the County Board of Executives. The provisions of Sections 5.4.-5.10 on Commune Councils shall apply accordingly to the composition, election procedures and functioning of County Councils.

6.2 The county administration is headed by the President of the Board of Executives [starosta]. Both the President and the Board are appointed and dismissed by the County Council by a majority of votes of the full Council. Only a Polish citizen may be the President or a member of the County Board of Executives.

6.3 The County Board of Executives is responsible for the day-to-day management of the county's affairs. County organizational units are also subordinate to the Board of Executives. Decisions of the Board of Executives shall be taken by a simple majority of votes. All resolutions of the Board of Executives are adopted electronically via demokracja.gov.pl and are open and motivated. The internal organization of the Board of Executives shall be determined by a resolution of the County Council.

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Question 7: What is the role of associations of communes and counties as well as metropolitan associations?

7.1 Communes, counties and cities of our Voivodeship may be associated with each other and with communes, counties and cities of other Voivodeships in associations and self-governing associations in order to exchange experiences, perform public tasks more effectively and implement joint ventures. These associations may include local government units of the same as well as different levels. Our Voivodeship particularly supports metropolitan associations involving a city and local government units located in its vicinity. On the other hand, it is forbidden to establish an association to which the county and some communes located within the county belong.

7.2 An association of communes, counties or a metropolitan association shall be established by a resolution of the councils of at least two local government units. Such a resolution must also lay down the by-laws of the association.

7.3 Accession to an existing association requires the consent of the board and the council of the local government unit planning to join and the consent of the association issued in the procedure laid down in the bylaws of that association.

7.4 Where an association is to take over the tasks of a commune, county or a city, the consent of residents in a Local Electronic Referendum or a Local Referendum is necessary for the formation of an association, or for the accession of a commune, county or city to an existing association.

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Question 8: How is the Diet of our Voivodeship elected and how does it work?

8.1. Sejmik, który wraz z Senatem Wojewódzkim stanowi naszą wojewódzką władzę uchwałodawczą, składa się z 30 [lub inna liczba] radnych wojewódzkich wybieranych w powszechnych, równych, bezpośrednich, [opcja: proporcjonalnych] wyborach, w głosowaniu tajnym, na kadencję czteroletnią [lub inna liczba nie wyższa niż 5 lat], przy czym kadencja Sejmiku ulega odpowiedniemu skróceniu, jeśli okres pomiędzy dniem wyborów do Sejmiku naszego Województwa a dniem wyborów do Sejmu i Senatu RP oraz dniem wyborów na Prezydenta RP byłby krótszy niż sześć miesięcy.   

8.2 Voivodeship Representatives are representatives of the citizens of the our Voivodeship and are not bound by the instructions of the voters. The mandate of a Voivodeship Representative may not be combined with the function of the Voivodeship Senator, the mandate of a Member of the Sejm of the Republic of Poland, with the offices cannot be combined with the mandate of a Member of the Sejm of the Republic of Poland according to the Constitution of the Republic of Poland, the function of the Voivodeship Ombudsman and a member of the Board of the Voivodeship Chamber of Auditors, as well as membership in the authorities of another voivodship or local government unit. Voivodeship Representatives shall also be subject to the provisions of Section 5.9. relating to commune councilors.

8.3 Voivodeship Representatives may form a political group.

8.4 The work of the Diet shall be organized by its Presidium, composed of the Speaker and up to three Vice-Speakers.

8.5 The Diet adopts decisions, including Voivodship Resolutions, appoints and dismisses the Speaker and Vice-Speaker, as well as appoints and dismisses Ministers of the Voivodeship, by a majority of votes of the full composition of the Diet.

8.6 The provisions of Section 5.4.-5.5. concerning the use of demokracja.gov.pl portal in resolutions and votes of Commune or City Councils shall apply accordingly to the manner of organization of resolutions and votes in the Diet. 

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Question 9: How is our Voivodeship Senate elected and how does it work?

9.1. The Voivodship Senate, which together with the Diet is our Voivodeship's legislative authority, consists of the Voivodeship Senators, who are all Mayors of all communes and cities that are part of our Voivodeship. Voivodeship Senators shall be subject to the provisions of Section 8.2. relating to Voivodeship Representatives.

9.2 Unless otherwise provided in this Charter or Voivodeship Basic Resolutions, the Voivodeship Senate shall make decisions, including pass Voivodeship Resolutions, and shall appoint and dismiss the Speaker and Vice-Speakers of the Voivodeship Senate by a majority of weighted votes of the full Voivodeship Senate. The votes in the Voivodeship Senate are weighted in such a way that each Voivodeship Senator has one vote for each 1,000 inhabitants of the commune or city they represent. The number of votes held by each Senator in a given year is stated in a resolution of the National Election Commission on the basis of data provided by the Central Statistical Office. The Voivodeship Senator may not divide the votes they hold.

9.3 The work of the Voivodeship Senate is organized by its Presidium, which consists of the Speaker together with the Vice-Speakers in the number not exceeding five. The candidate for the Speaker of the Senate of the Voivodeship is proposed by a group of at least 15 Voivodeship Senators. Each Voivodeship Senator may only support one candidate. The candidate who received the highest number of weighted votes in a confidential electronic vote is elected Speaker, while the the candidates who received the next highest numbers of weighted votes are elected Vice-Speakers.

9.4 The provisions of Sections 5.4.-5.5. concerning the use of demokracja.gov.pl portal in resolutions and votes of commune councils shall apply accordingly to resolutions and votes of the Voivodeship Senate. 

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Question 10: How is the Voivodeship Council of Ministers elected and how does it work?

10.1. The Voivodeship Council of Ministers exercises executive authority at the level of our Voivodeship.

10.2 The Voivodeship Council of Ministers is chaired by the Voivode [Option 1:] elected in equal, secret, universal and direct elections for a four-year term // [Option 2:] appointed and dismissed by the Diet.

10.3 Other members of the Voivodeship Council of Ministers are the Ministers of the Voivodeship appointed by the Diet at the request of the Voivode and dismissed by the Voivode or by the Diet.

10.4 The number of Ministers of the Voivodeship and the division of tasks between them shall be determined by a Regulation of the Voivode. 

10.5 The Voivodeship Council of Ministers takes its decisions by a majority of votes of its full composition. 

10.6 In order to ensure professional activity of the Voivode and the Ministers of the Voivodeship, appropriate specialized organizational units shall be created in the Voivodeship Office. At the request of the Minister of the Voivodeship, the Voivode appoints and dismisses the Deputy Minister of the Voivodeship.

10.7 The Voivode, Minister or Deputy Minister of the Voivodeship must be a Polish citizen.

10.8 The administrative support for the Voivode is provided by the Voivode's Office. The Voivode appoints, dissolves and grants the bylaws of Voivodeship Ministries serving the Voivodeship Ministers.

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Question 11: How can our Voivodeship take up Close Cooperation with other Voivodeships?

11.1 Our Voivodeship may undertake Close Cooperation with other Voivodeship or Voivodeships in any area of public affairs, obviously within the competence of the subnational government of our Voivodeship. The establishment of such Close Cooperation takes place in accordance with Voivodeship Resolutions passed by the Diet and the Senate of our Voivodeship and by the Diet and the Senate of the Voivodeship or Voivodeships adopting Close Cooperation with us. At any time, our Voivodeship may terminate Close Cooperation by a Voivodeship Resolution. Conforming Voivodeship Resolutions on the basis of which Close Cooperation was established may provide for a transitional period, not longer than three years, from the declaration of the termination until the time when the Close Cooperation actually ends as well as a method of settling public expenditure incurred within the framework of Close Cooperation.

11.2 In the area of public matters covered by the Close Cooperation, the legislative authority is held by joint electronic sessions of the Diets and Senates of all the Voivodeships that are part of the Close Cooperation. Such connected electronic sessions are held through demokracja.gov.pl and are open to the public.

11.3 Joint electronic sessions of Diets shall adopt Inter-Voivodeship Resolutions and other decisions by a majority of votes of the full composition of the combined Diets of all the voivodeships belonging to the Close Cooperation, weighted by the number of inhabitants of the represented voivodeship. Joint electronic sessions of the Voivodeship Senates take decisions by a majority of votes of the full composition of the combined Senates of all the voivodeships belonging to the Close Cooperation weighted as in the Senate of our Voivodeship.

11.4 Voivodeships belonging to the Close Cooperation may, in an Inter-Voivodeship Resolution, create the function of the Inter-Voivodeship Minister responsible for administering the area of Close Cooperation. Such a resolution regulates the method of financing of the Inter-Voivodeship Minister and the Inter-Voivodeship Ministry directed by them.

11.5. A candidate for the Inter-Voivodeship Minister shall be proposed, in a joint declaration the Voivodes of all the voivodeships belonging to the Close Cooperation. Appointment to the position of Inter-Voivodeship Minister requires the consent of the Diets of all the voivodeships belonging to the Close Cooperation. Each of the Voivodes and Diets may at any time dismiss the Inter-Voivodeship Minister. The Inter-Voivodeship Minister is a member of the Voivodeship Council of Ministers of our Voivodeship, just like the Voivodeship Minister.

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Question 12: How do Voivodeship Executive Agencies work?

12.1 The exercise of executive power in our Voivodeship is supported by Voivodeship Executive Agencies, including the Model Voivodeship Prosecutor's Office, Voivodeship Police, Voivodeship Fire Brigade and Voivodeship Treasury Administration.

12.2 The Model Voivodeship Prosecutor's Office consists of the Voivodeship Prosecutor, their deputies, county prosecutors and their deputies as well as other prosecutors of the Voivodeship Prosecutor's Office and county prosecutor's offices established in the area of our Voivodeship. These prosecutors represent the public in criminal cases considered in the first instance by the county court in our Voivodeship and observe the rule of law in accordance with the rules set out in national and voivodeship laws. The Model Voivodeship Prosecutor's Office cooperates with the National Prosecutor's Office and its subordinate District Prosecutor's Office in our Voivodeship.

12.3. Voivodeship Police is a uniformed and armed formation supporting the National Police as well as Communal or Municipal Police operating in our Voivodeship in protecting the safety of people and property and maintaining security and public order in our Voivodeship. The Voivodeship Police is responsible for the recruitment and training of communal or municipal police officers, performs internal control tasks in the Communal or Municipal Police, and maintains security and public order in communes and cities that have not established Communal or Municipal Police. The Voivodeship Police is headed by the Commander. The Commander issues opinions on the appointment and dismissal of Communal or Municipal Police Commandants in our Voivodeship and supervises the Communal and Municipal Police units with regard to the use of direct coercive measures, detentions, personal control and the imposition of fines in the mandate procedure.

12.4 The Voivodeship Prosecutor, County Prosecutors and the Commander of the Voivodeship Police shall be appointed by the Voivodeship Council of Ministers from among persons entered in the appropriate human resources maintained, respectively, by the national Minister of Justice and the minister in charge of internal affairs. A citizen may be removed from the human resources by an administrative decision of the competent minister, but only after reaching the age of 70 or for important, justified reasons.

12.5 The Voivodeship Treasury Administration performs tasks related to the implementation of revenues from local and Voivodeship taxes, protection of the assets of the subnational government units of our Voivodeship, at the same time providing services and support to citizens in the proper performance of their tax obligations. It is headed by the Voivodeship Minister in charge of public finance or a Deputy Minister subordinate to them. Organizational units of the Voivodeship Treasury Administration are tax offices headed by the heads.

12.6. The Voivodeship Resolution may establish other Voivodeship Executive Agencies and the Inter-Voivodeship Resolution – Inter-Voivodeship Executive Agencies.

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Question 13: Who exercises the judicial authority in our Voivodeship?

13.1 The justice system in our Voivodeship is performed by national courts and voivodeship courts, i.e. the Supreme Voivodeship Court and county courts. All courts administer justice and issue judgments on behalf of the Republic of Poland.

13.2. Voivodeship county courts exercise justice in our Voivodeship by adjudicating in the first instance in all cases not reserved by law to the jurisdiction of regional courts.

13.3 The Supreme Voivodeship Court of our Voivodeship administers the justice system:

13.3.a. in the Administrative Chamber - as an administrative court of first instance in cases concerning the judicial review of activities of subnational administration of our Voivodeship, including in cases of complaints against individual decisions, of compliance of local lower-order acts of law issued by communes, counties, cities and the Voivodeship with national laws and subnational laws of the higher order, of complaints against acts of supervision over the activities of communes, cities and counties issued by voivodeship authorities, as well as of competence disputes between communes, cities, counties and voivodeship authorities in our Voivodeship;

13.3.b. in the Civil, Criminal and Labor and Social Security Chambers - as a common court of second instance in cases of appeals against the judgments of county courts in our Voivodeship.

13.4 Judges of the Supreme Voivodeship Court shall be appointed by the President of the Republic of Poland at the request of the National Council of the Judiciary. This motion may be submitted by the National Council of the Judiciary concerning a candidate who has obtained a positive opinion of the Voivodeship Senate by a majority of at least 60% of the weighted votes of the full Voivodeship Senate. However, if three consecutive candidates proposed by the National Council of the Judiciary for a given judicial post do not obtain the required majority of 60% of the weighted votes, the National Council of the Judiciary may present to the President of the Republic the candidate who obtained the highest number of weighted votes among the candidates for that post presented to the Voivodeship Senate. 

13.5 The National Council of the Judiciary shall consist, in addition to other persons mentioned in the Constitution of the Republic of Poland, of eight judges elected for individual four-year terms by the General Assemblies of the Supreme Voivodeship Courts. The General Assembly of each Supreme Voivodeship Court, including the Supreme Court of our Voivodeship, elects a member of the National Council of the Judiciary every second term. Every year, these members of the National Judicial Council shall be elected in two voivodeships.

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Question 14: What role do independent control institutions play in our Voivodeship and how do we elect the members of these institutions?

14.1 Independent control institutions ensure, on behalf of the citizens, respect for the rule of law and observance of civil rights in our Voivodeship.

14.2 Members of the Board of the Voivodeship Chamber of Auditors are appointed for a four-year term of office: - by a majority of 60% of weighted votes of the full Voivodeship Senate, ⅓ - by President of the [national] Supreme Chamber of Control.

14.3 The Voivodeship Ombudsman, in cooperation with the [national] Ombudsman, guards the freedoms and rights citizens as defined in the Constitution of the Republic of Poland, in this Charter, Basic Resolutions and other normative acts.

14.4 The Voivodeship Ombudsman shall be appointed by the [national] Ombudsman for a five-year term of office from among three candidates proposed by the Voivodeship Senate. Candidates are selected by the Voivodeship Senate by a majority of 60% of weighted votes of the full composition of the Voivodeship Senate.

14.5 Members of the Board of the Voivodeship Chamber of Auditors and the Voivodeship Ombudsman shall be independent from other Voivodeship authorities in their activities, and may not hold any other positions or perform any other professional activities except for the position of professor at a higher education institution.

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Question 15: What is the role of the College of Voivodeships and what is our influence on its functioning?

15.1 The College of Voivodeships is a central public administration body coordinating public policy in the areas falling within the competence of the subnational governments, creating nationwide standards in the provision of public services by subnational governments, and supervising subnational government units.

15.2 The College of Voivodeships meets in the following panels:

15.2.I. The Education Panel;

15.2.II. The Science and Higher Education Panel;

15.2.III. The Entrepreneurship and Technology Panel;

15.2.IV. Family, Labor and Social Policy Panel;

15.2.V. Health Panel;

15.2.VI. Culture, Sport and Tourism Panel;

15.2.VII. Urban Planning and Infrastructure Panel

15.2.VIII. The Agricultural Policy Panel;

15.2.IX. The Justice and Accountability Panel;

15.2.X. The Finance and Voivodeship Property Panel;

15.2.XI. Administration Panel.

15.3 Each panel of the College of Voivodeships consists of Voivodeship Ministers, one from each voivodeship, responsible for public policy matters in the area of competence of a given panel. Where a given public policy area is covered by Close Cooperation between two or more voivodeships, the voivodeships shall be represented by the competent Inter-Voivodeship Minister. The Voivodeship or Inter-Voivodeship Minister may appoint one of the Vice-Ministers to represent our Voivodeship on a given panel of the College of Voivodeships. 

15.4 Each panel of the College of Voivodeships deliberates separately and makes decisions electronically, through demokracja.gov.pl. Resolutions and votes of the panel of the College of Voivodeships are open, unless the law stipulates that a resolution, election or other decision is to be taken in an electronic confidential voting. Electronic voting may be accompanied by a traditional session, during which members of the panel are physically present in one place, or an electronic session during which the discussion is conducted through demokracja.gov.pl. The panel of the College of Voivodeships makes decisions by a majority of votes of the full panel weighted by the number of inhabitants of the represented voivodeships.

15.5. The panel of the College of Voivodeships enacts:

15.5.a. Recommendations for the subnational government authorities of our Voivodeship;

15.5.b. Regulations and technical standards binding on the authorities of the subnational government of our Voivodeship, after consultation with the [national] Minister competent for the matters which the regulations and technical standards relate to;

15.5.c. Draft regulations to be submitted to the [national] Council of Ministers or Ministers for approval;

15.5.d. Draft bills submitted to the Senate of the Republic of Poland.

15.6 The works of the panel of the College of Voivodeships are organized and chaired by a non-voting Executive Director elected by members of the panel from outside the panel for a two-year term of office. The panel of the College of Voivodeships may dismiss the Executive Director before the end of the term at the request of members of the panel representing at least 30% of citizens of the Republic of Poland.

15.7 The Executive Agency of the College of Voivodeships, headed by the Executive Director of a given panel, shall provide administrative support for the panel. With the consent of the [national] Council of Ministers, the panel of the College of Voivodeships may appoint more than one Executive Agency.

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Question 16: Who is responsible for ensuring proper functioning of democratic processes the subnational government of our Voivodeship?

16.1 The correctness of elections and democratic decision-making processes in our Voivodeship is guarded by the National Election Commission, which is independent of the government of our Voivodeship, governments of other voivodeships, but also from the national authorities.

16.2 The validity of elections our Voivodeship is decided by the Supreme Voivodeship Court.

16.3 The date of general commune, city and county elections shall be announced, on the basis and within the limits of the law, by the Voivode. On the other hand, the date of regional elections is announced by the President of the Supreme Voivodeship Court, after consultation with the Voivode.

16.4 The tasks of the National Election Commission related to ensuring the proper functioning of democratic processes in our voivodeship include:

16.4.a. holding general elections, electronic referenda and referenda in subnational government units of our Voivodeship;

16.4.b. running the internet portal demokracja.gov.pl and administering its functionalities enabling the legislative and executive authorities of our Voivodeship to make all decisions and conduct all votes by electronic means, including providing members of the government of our Voivodeship with a safe means of identification for the purpose of participating in voting and other decision-making processes provided for in this Charter and other acts of regional and local law, as well as registering in the system the appropriate weighting of votes of individual members of the authorities, on the basis of law regulations and data provided by the Central Statistical Office;

16.4.c. aadministering the functionalities of the demokracja.gov.pl portal enabling citizens to participate in the exercise of local government in accordance with the provisions of this Charter. 

16.5 The National Election Commission shall consist of the following members:

16.5.a. one judge of the Supreme Voivodeship Court of our Voivodeship elected by the General Assembly of that Court;

16.5.b. one judge each of the Supreme Voivodeship Courts of all other voivodeships elected by the General Assemblies of these Courts;

16.5.c. four judges of the [national] Supreme Court, designated by the First President of that Court, and four judges of the Supreme Administrative Court, designated by the President of that Court.

16.6 Members of the National Election Commission must, in addition to the conditions imposed on judges, be distinguished by their knowledge of legal computer science. Members of the National Election Commission shall be elected for a nine-year term, with a maximum of three members elected each year.

16.7 The National Election Commission shall appoint a Supervisory Team to supervise the elections and democratic decision-making process in our Voivodeship, composed of two members of the Commission who are judges of the Supreme Court or the Supreme Administrative Court (one of whom shall be the Chairperson of the Team), two members of the Commission who are judges of the Supreme Voivodeship Courts of Voivodeships which are not located in the immediate vicinity of our Voivodeship, and a member of the Commission who shall be a judge of the Supreme Voivodeship Court of our Voivodeship. The Supervisory Team may also include observers reported by the political groups of the Diet, but one political group may nominate only one observer.

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Part III. Questions about the Law and Its Enforcement in Our Voivodeship


Question 17: What types of legal acts bind public authorities and citizens in our Voivodeship?

17.1 Legal acts binding public authorities and citizens in our Voivodeship shall be applied in the following order: 
Acts of national and international law listed in the Constitution of the Republic of Poland Constitution of the Republic of Poland Acts of international law binding on Poland Statutes  Regulations
Acts of regional law valid throughout our Voivodeship  Voivodeship Charter and Voivodeship Basic Resolutions Inter-Voivodeship Resolutions, adopted in the areas of Close Cooperation Voivodeship Resolutions, passed by our Diet and Voivodeship Senate  Voivodeship Regulations, issued on the basis of a detailed authorization contained in the Voivodeship Basic Resolution, Inter-Voivodeship Resolution or Voivodeship Resolution
Acts of local law valid in a given county  County Charter Resolutions of the County Council City Charter Resolutions of the City Council Ordinances of the Mayor Acts of law local in force in a city with county rights
Acts of local law in force in a given commune  Commune Charter Resolutions of the Commune Council Ordinances of the Mayor
 

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Question 18: How does the lawmaking process in our Voivodeship look like?

18.1 In the case of Voivodeship Resolutions, a group of Voivodeship Representatives representing not less than 15% of the full composition of the Diet, the Voivodeship Council of Ministers or a group of citizens of our Voivodeship shall be entitled to introduce bills. Bills are introduced by posting them, along with a statement of reasons, in an appropriate tab of demokracja.gov.pl portal. 

18.2 The Diet considers bills in the process of Civil Dialogue, unless the bill has been directed to a fast-track legislative path in accordance with the decision of the Presidium of the Diet and the Presidium of the Voivodeship Senate. Civil Dialogue takes place in two phases: consultative and legislative. During the consultation phase, anyone, including Voivodeship Representatives and Voivodeship Senators, may submit public and non-anonymous amendments and comments to the bill. The bill placed on demokracja.gov.pl, as well as its individual provisions, are also subject to public and anonymous evaluation expressed in the form of stars awarded by citizens in two categories: “understandable provision” and “good solution.” During the legislative phase, the applicant or the committee of the Diet takes into account or does not take into account the submitted comments and amendments. If significant changes are made to the design, the process is repeated, organizing the next consultation phase, until the next consultation phase no longer results in significant changes to the design. At this point the project is put to an electronic vote by the Diet.

18.3 Adoption of a draft Voivodeship resolution by the Diet is recorded on demokracja.gov.pl, using distributed, decentralized, shared and replicated blockchain technology. As soon as the draft Voivodeship resolution is passed by the Diet, an electronic vote on the draft resolution begins in the Voivodeship Senate. The Voivodeship Senate may not amend the draft resolution.

18.4 Until the Senate adopts a Voivodeship Resolution, the applicant may withdraw the draft. Adoption of a Voivodeship Resolution by the Voivodeship Senate is recorded on demokracja.gov.pl, using distributed, decentralized, shared and replicated blockchain technology. At the moment of making this entry, the voivodeship resolution is automatically announced in our voivodeship's online official journal, available at modelowe.gov.pl.

18.5. The procedure of creating local law in cities with county rights is regulated, mutatis mutandi, by Sections 18.1.-18.4. The procedure of creating local law in communes and counties is regulated by the charters of these units of the local government of our Voivodeship. These charters must provide for the electronic voting through demokracja.gov.pl portal and for the requirement to announce all passed or issued acts of local law on modelowe.gov.pl.

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Question 19: How can the citizens of our Voivodeship have a direct impact on lawmaking?

19.1 Participation of citizens in the process of creating local laws in our Voivodeship takes place primarily through demokracja.gov.pl portal, where an individual profile can be created by any citizen of our Voivodeship who has a trusted profile in a public electronic identification system operated by national authorities. In cooperation with the national authorities, the authorities of our Voivodeship strive to ensure that the largest possible number of adult citizens of the Voivodeship having a profile on demokracja.gov.pl.

19.2. In addition to the participation of in the Civic Dialogue as described in Section 18.2, citizens of our Voivodeship may take part in social consultations organized at an earlier stage of work on the draft Voivodeship resolution by the Voivodeship Council of Ministers, the Voivodeship Minister, as well as the heads of the Voivodeship Executive Agencies, the Voivodeship Ombudsman and the Board of the Voivodeship Chamber of Auditors. Such consultations may be requested by a group of at least 1,000 citizens of our Voivodeship who have the right to vote in the Diet election. The request is submitted electronically via the demokracja.gov.pl. Until the end of the public consultations requested by the aforementioned group of citizens, the Voivodeship Council of Ministers shall not submit to the Diet and the Diet shall not start the deliberations on the draft Voivodeship Resolution in question.

19.3 Everyone has the right to participate in traditional and electronic sessions of our Diet and the Voivodeship Senate. Participation in the traditional session takes place taking into account the available premises, however, the Diet and the Voivodeship Senate shall provide no less than 50 seats for the public, which can be booked (on first-come-first-served basis) through demokracja.gov.pl.

19.4 A group of at least 1,000 citizens of our Voivodeship who have the right to vote in the Diet election may submit a Citizens Legislative Initiative by submitting an electronic motion via demokracja.gov.pl. Such a draft shall become the subject of deliberations of the Diet at the nearest session after submission of the draft, but not later than after 3 months from the date of submission.

19.5 A group of at least 5,000 citizens of our Voivodeship who have the right to vote to the Diet, may request that a session of the Diet be convened in a specific case by submitting an electronic motion via demokracja.gov.pl. The Presidium of the Diet decides whether the citizens' application will be dealt with by a traditional or electronic session or by including a discussion on an issue raised by the citizens in the agenda of the session which also includes other items. The session devoted to the matters raised in the request must be held no later than 3 months after the date of submission. The applicants' representative shall have the right to speak at this session.

19.6 Procedures outlined in Sections 19.2.-19.5. shall also apply accordingly to the participation of citizens in the process of lawmaking in communes, counties and cities with county rights. In the local government units of our Voivodeship with of up to 5,000 inhabitants, a Citizens Legislative Initiative, a request for social consultations or a request to convene a session of the legislative body may be submitted by 100 citizens. In the units of up to 20,000 inhabitants, the corresponding the number is 200 citizens, and in the units above 20,000 inhabitants, it’s 300 citizens.

19.7 To resolve an important matter considered by the subnational government of our Voivodeship as well as in other important matters concerning social, economic or cultural ties of our Voivodeship community, an Voivodeship Electronic Referendum shall be held. The Voivodeship Electronic Referendum is conducted through demokracja.gov.pl portal at the request of the Diet, the Voivodeship Senate, the Voivodeship Council of Ministers or a group of 20,000 citizens of our Voivodeship. Unless other provisions of this Charter state otherwise, the date of the Voivodeship Electronic Referendum and the phrasing of the question or options proposed to the citizens are specified in a Voivodship Resolution. If options are presented for choice, citizens rank the presented options from the most to the least preferred (single transferable vote). All adult citizens of our Voivodeship who have a profile on demokracja.gov.pl portal can take part in Voivodship Electronic Referendum. The identity of a citizen voting in the Voivodeship Electronic Referendum is known only to members and employees of the National Election Commission administering demokracja.gov.pl portal, obliged to maintain secrecy under the threat of criminal liability.

19.8 In the case of a particularly important issue concerning the community of our Voivodeship, and in particular in matters affecting human rights and freedoms, a Voivodeship Referendum shall be held. The Voivodeship Referendum, based on the principles of a general, secret and direct ballot, is convened at the request of the Diet, the Voivodeship Senate or a group of 50,000 citizens of our Voivodeship.

19.9. The result of a Voivodeship Electronic Referendum or a Voivodeship Referendum shall be valid if case of a turnout of at least 20% and binding upon the Voivodeship authorities in case of turnout of at least 40%.

19.10. The provisions of Sections 19.5.-19.7. shall apply accordingly to Local Electronic Referenda and Local Referenda in communes, counties and cities. The motion to holding a Local Electronic Referendum requires the support of at least 5% of the inhabitants of a given local unit of our Voivodeship and in the case of a Local Referendum – of at least 10% of the inhabitants.

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Part IV. Questions On Dealing with Citizens’ Affairs in Our Voivodeship


Question 20: Who in our Voivodeship makes administrative decisions affecting the lives of citizens and how can I find out about decisions concerning me?

20.1 Individual administrative decisions concerning citizens of our Voivodeship, entrepreneurs and other entities are issued by executive authorities, including the Mayor, President of the County Board of Executives, Voivode, Minister of the Voivodeship, as well as heads of Voivodeship Executive Agencies. However, as the number of individual decisions issued is significant, the competent authorities may decide to delegate the power to issue such decisions to other employees of the subnational agencies of our Voivodeship.

20.2 In order to facilitate citizens' contact with local government administration, the Voivodeship Council of Ministers creates and administers the modelowe.gov.pl portal, on which an individual profile may be created by every citizen of our Voivodeship, or a legal person, who has a trusted profile in the public electronic identification system operated by national authorities. This portal contains, among other things, up-to-date information on persons entitled to make individual decisions in our communes, counties, cities and the Voivodeship. 

20.3 A citizen of our Voivodeship, a legal person or other entity (through their representatives) may give their consent for our Voivodeship authorities to deliver all administrative decisions concerning that citizen or a legal person electronically and to submit all applications electronically an individual profile on modelowe.gov.pl. Since the cost of delivering decisions by electronic means is substantially lower than in case of a traditional registered letter, a Voivodeship Resolution may introduce tax preferences for citizens, legal persons or other entities that have agreed to receive interact with the Voivodeship administration by electronic means only.

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Questions 21: What can I do if I do not agree with the decision of the subnational government agency of our Voivodeship?

21.1 If a natural or legal person having a legal interest in the matter does not agree with an individual decision of a commune, county, city or voivodeship authority, they may, within thirty days from the date of delivery of the decision, file a complaint with the Supreme Voivodeship Court. The same complaint may also be filed against the inaction of the commune, county, city or voivodeship administration.

21.2 Anyone whose legal interest or rights and freedoms have been violated by an act of voivodship or local law issued by the subnational authorities of our Voivodeship may file for judicial review of the act by the Supreme Voivodeship Court.

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Part V. Questions about Budget and Property of Our Voivodeship, Counties, Cities and Communes


Question 22: How are the public tasks in our Voivodeship financed?

22.1 Public tasks carried out in our Voivodeship are financed from the revenue of commune budgets, county budgets, city budget and the Voivodeship budget.

22.2 Voivodeship authorities guarantee adequate funds for communes, counties and cities to exercise their tasks, striving to increase social cohesion in our Voivodeship, reduce differences in the standard of public services provided to citizens and support communes, counties and cities affected by socio-economic problems, through:

22.2.a. Adoption of local taxes and charges constituting own of the commune, county and city budgets;

22.2.b. Ensuring participation in the revenues from voivodeship taxes (including personal and corporate income tax), as own revenues of commune, county and city budgets;

22.2.c. Designation of other revenue as own revenue of the commune, county and cities budgets;

22.2.d. Transfer of subsidies from the voivodeship budget;

22.2.e. Respect of the autonomy of communes, counties and cities in the spending of subsidies directly transferred to them from the national budget.

22.3 The Diet and the Voivodeship Senate adopt the budget of our Voivodeship by way of a Voivodeship Resolution. The budgets of communes, counties and cities are passed by resolutions of the legislative bodies of these units.

22.4 The draft budget resolution is presented to the Diet by the Voivodeship Council of Ministers. Without the consent of the Voivodeship Council of Ministers, the Diet may not introduce changes in the draft budget resolution that would reduce revenues or increase expenditure and, at the same time, increasing the voivodeship budget deficit. These provisions shall apply accordingly to councils of communes, counties and cities.

22.5 If a Voivodeship Budgetary Resolution or a resolution on a provisional budget did not come into force on the date of commencement of the fiscal year, the Voivodeship Council of Ministers shall conduct financial management on the basis of the submitted draft resolution. If, within 3 months from the beginning of the fiscal year, no voivodeship budget resolution is adopted, the President of the Republic of Poland may shorten the term of office of the Diet within 14 days. However, in the case of failure to adopt a budget resolution by a commune, county or city within one month from the beginning of the fiscal year, the budget of the commune, county or city is determined by the Voivodeship Chamber of Auditors on the basis of a draft prepared by the Mayor or the County Board of Executives.

22.6 The budget of a commune, county, city or the Voivodeship may not cause the ratio of the total planned cost of debt servicing to the planned revenue exceeds the seven-year average of the ratio of the excess of revenue over expenditure to revenue of a given unit of the subnational government. The Voivodeship Basic Resolution sets out detailed rules for the calculation of the aforementioned ratios and procedures to ensure that they are adhered to.

22.7 Civic budgets form a part of the budgets of our communes, counties, cities and of the Voivodeship.

22.8 An important part of the budget of our Voivodeship is also the Civic Family Budget coming from the funds transferred to our Voivodeship from the national budget’s Child Benefit, for every child in our Voivodeship. The general objective of the funds of the Civic Family Budget is to support families in our Voivodeship in bringing up children. However, the detailed objectives and rules of disbursement of funds from this Budget in a next financial year are based on the results of a Voivodship Electronic Referendum in which citizens of our Voivodeship choose between the current system of distribution of these funds, two alternative proposals presented by the Diet and one alternative proposal presented by the Voivodeship Senate. The Voivodship Electronic Referendum on the Civic Family Budget must take place every year by 30 November, unless the Diet and the Senate of the Voivodeship do not submit alternative proposals for the distribution of funds of the Civic Family Budget.

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Question 23: On what principles are voivodeship and local taxes are levied in our Voivodeship?

23.1 Voivodeship and local taxes are: personal income tax, corporate income tax, inheritance and gift tax, real estate tax and other taxes and public levies which national law has not reserved for as national taxes. Our Diet and the Voivodeship Senate introduce voivodeship and local taxes by way of a Voivodeship Resolution.

23.2 Entities and objects of taxation, tax rates and rules of granting credits and deductions as well as categories of entities exempt from voivodeship and local taxes are regulated in a Voivodeship Resolutions. In the case of local taxes, the Voivodeship Resolution also specifies the extent to which the commune, county or city councils can set the rates of these taxes, guaranteeing equal and fair treatment of all taxpayers. Our Diet and Voivodeship Senate may change Voivodeship tax resolutions of only if such a change does not result in a decrease of the combined budgetary revenue of all units of the subnational government within our Voivodeship, as compared to the long-term forecast of such income prepared on the assumption that the current legal status is maintained. Otherwise, such a change requires the consent of the Senate of the Republic of Poland. 

23.3 Voivodeship and local taxes in our Voivodeship are collected by the Voivodeship Treasury Administration, unless the law provides otherwise. 

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Question 24: What are the principles governing property of the subnational government in our Voivodeship?

24.1 Our Voivodeship, as well as communes, counties and cities in our Voivodeship, have legal personality and perform public tasks on their own behalf and on their own responsibility. 

24.2 Voivodeship property - ownership and other property rights acquired by our Voivodeship or other voivodeship legal persons, including shares in companies owned by voivodeship legal persons – supports the performance of public tasks. This property is managed with particular care, transparency and attention to the public interest. Decisions on the appointment and dismissal of persons responsible for the management of regional assets are taken solely on the basis of the criterion of competence. These principles apply accordingly to commune, county and city property.

24.3 Supervision over the management of voivodeship, commune, county and city property is exercised by the Voivodeship Chamber of Auditors.

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Part VI. Questions About The Accountability of The Authorities of The Our Voivodeship


Question 25: Where can I learn about the activities of commune, county, city and voivodeship agencies and institutions?

25.1 Every citizen of our Voivodeship has the right to up-to-date and understandable information on public matters concerning the activities of the subnational government institutions of our Voivodeship. The basic source of this knowledge are two web portals:

25.1.a. The demokracja.gov.pl portal, administered by the National Election Commission, is a place where you can monitor and participate in the process of creating local law in our Voivodeship, including our Diet and the Voivodeship Senate, as well as in commune, county and city councils;

25.1.b. The modelowe.gov.pl portal, administered by our Voivodeship Council of Ministers, is a place where you will find information about all other activities of the subnational government authorities of our Voivodeship, including the voivodeship and local laws already passed (along with the functionality of tracking the history of changes in those laws and automatic notifications of changes coming into force), as well as individual decisions, the composition and structure of our subnational administration bodies and the provision of public services - including those provided electronically.

25.2 Each subnational government administration office in our Voivodeship is obliged to maintain and update a website with answers to questions frequently asked by citizens. 

25.3 If information on public matters is not available at demokracja.gov.pl or at modelowe.gov.pl, a citizen may request access to this information. The citizen does not have to demonstrate a legal or factual interest to obtain the information.

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Question 26: How do commune, county, city and voivodeship agencies and institutions improve their functioning and learn from citizens?

26.1 The agencies and institutions of the subnational government in our Voivodeship are obliged to continuously undertake actions aimed at improving their activities, in particular to improve the organization, strengthen the rule of law, improve work efficiency and prevent abuse, protect property and refine ways of meeting the needs of the population. To this end, they work together with the citizens. Tools used to improve this activity are, among others: The Voivodship Quality Assessment System for Law and Public Services, the National Ranking of Public Services, and the constitutional right to lodge complaints and motions.

26.2 The Voivodeship Quality Assessment System for Law and Public Services is a functionality of the modelowe.gov.pl portal, which allows every citizen who has a profile on this portal to:

26.2.a. Evaluate of each provision of a voivodship or local law act published on modelowe.gov.pl, through anonymous evaluation expressed in the form of stars, in two categories: The "understandable provision" and "good solution" as well as in the form of a non-anonymous descriptive evaluation of a given provision.

26.2.b Assessments of public services and interactions with subnational administration in our Voivodship. The assessment expressed in the form of stars is anonymous and public, while a descriptive review is shared with the management of a given agency.

26.3 The National Ranking of Public Services, which is prepared annually by the College of Voivodeships, informs the citizens on the quality of public services provided by the subnational government in our Voivodeship, on the basis of carefully considered and verifiable measures. Information about the current position in the ranking is placed in a visible place on the main website of an agency responsible for the implementation of public policy in the area covered by the ranking. Information about our Voivodeship’s the current position in the average ranking of public services is placed in a visible place on the main page of the modelowe.gov.pl portal.

26.4 Any citizen may complain about the negligence or improper performance of tasks by the subnational government in our Voivodeship or by its employees, about the violation of the rule of law or the interests of the complainant, as well as about the lengthy or bureaucratic handling of cases. The competent institution should settle the complaint without undue delay, but not later than within one month.

26.5 Each citizen may submit a motion containing suggestions for improvement of the organization of the subnational government in our Voivodeship, including strengthening the rule of law, improvement of work efficiency, prevention of abuse, protection of property, better satisfaction of the needs of the population. The competent institution should respond to the motion without undue delay, but not later than within one month.

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Question 27: How is the work of persons performing public functions in the voivodeship assessed?

27.1 Work evaluation and remuneration of the officials of the subnational government in our Voivodship must be based on a consistent, transparent and fair evaluation system, taking into account both the opinion of an official's superiors and the opinions of citizens, entrepreneurs and representatives of other entities whose factual and legal situation is affected by the work of the official in question.

27.2. The Mayor or a Voivode is not allowed to seek reelection if, during their term of office, the rank of a given commune, city or of our Voivodeship in the National Ranking of Public Services, referred to in section 26.3, has decreased by at least 4 positions in the case of the Voivodeship, by 15 positions in the case of a city and by 150 positions in the case of a commune.

27.3 The Diet, the Voivode, the Minister of the Voivodeship, the Council of a commune, county or a city, as well as the Mayor or the Executive Board of the County may be recalled in a Voivodeship or Local Referendum. In the case of Voivodeship authorities, a recall application must be supported by not less than 10% of the citizens of our Voivodeship. A recall application may be made earlier than 10 months after the election of the body, not earlier than 10 months after the date of the recall referendum and no later than 8 months before the end of its term. A recall referendum is valid if the turnout was no less than 60% of the turnout during the election of the body to be recalled, and in the case of a referendum on the dismissal of the Minister of the Voivodeship - not less than 60% the turnout in the last election [Option 1] of the Diet // [Option 2] of the Voivode. 

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Question 28: Who supervises commune, county, city and voivodeship authorities and how?

28.1 If a Voivodeship Resolution or a Voivodeship Regulation violates higher-order law, the President of the Republic of Poland may file to the Supreme Voivodeship Court for the judicial review of the Resolution or Regulation in question. If the Resolution or Regulation grossly violates the Constitution of the Republic of Poland or a national statute, and in particular, if it undermines the territorial integrity or state security, the President of the Republic of Poland may declare it invalid before referring it for review by the Supreme Voivodeship Court. In that situation, the [national] Supreme Administrative Court may take over the case for its consideration.

28.2 If a resolution or an order of a commune, county or city council violates the norms of higher-level laws, the Voivode may appeal against them to the Supreme Voivodeship Court. If a commune, county or city resolution or order is grossly contrary to the national or voivodeship law, the Voivode may declare it invalid before referring it to the Supreme Voivodeship Court for review.

28.3 The financial management and public procurement matters of subnational authorities of our Voivodeship and in subnational government organizational units and legal persons in our Voivodeship are supervised by the Voivodeship Chamber of Auditors. The Chamber also supervises business entities and other entities with regard to their use of funds from the commune budget, county budget, city budget or our Voivodeship budget. 

28.4 The effectiveness of activities of our Voivodeship authorities is supervised by the College of Voivodeships. The relevant panel of the College regularly organize Peer Reviews of key areas of public affairs in our Voivodeship. In the case of finding a prolonged lack of effectiveness of a voivodeship authority in a specific area of public affairs, the College of Voivodeships issues recommendations or appoints accredited advisers, who support our Voivodeship authorities in improving the effectiveness of activities in a given area on an ongoing basis. In the event that these measures do not result in an improved effectiveness, the College of Voivodeships has the right to appoint a Special Commissioner to temporarily manage a given area of public affairs. The Special Commissioner may be introduced for a period not longer than until the Diet election. 

28.5 The Voivode supervises the effectiveness of activities of communes, counties and cities. Provisions of section 28.4. shall apply accordingly. A commune, county or city body which is the subject of supervisory activities of the Voivode is entitled to lodge a complaint to the Voivodeship Senate, which may overrule the supervisory decisions of the Voivode by a majority of 60% of votes. The Voivode may transfer their right of supervision over a specific area of public policy in a commune, county or city to the College of Voivodeships, for a period not longer than two years.

28.6 In the event of a gross and repeated violations of the Constitution or national statutes by the Diet, the President of the Republic of Poland shall, by regulation, shorten the term of the Diet. Such a regulation shall enter into force not less than seven days after its promulgation, during which time the Diet may adopt a resolution to address the Senate of the Republic of Poland with an objection to the decision of the President of the Republic of Poland. The Senate of the Republic of Poland may repeal the regulation of the President of the Republic of Poland by a majority of 60% of votes before its entry into force. In a situation in which the activities of the Diet threaten national security and constitutional order, the President, by regulation, shortens the term of the Diet with immediate effect. In such a situation, the Diet is not entitled to lodge a complaint with the Senate of the Republic of Poland.

28.7 If a gross and repeated violation of the Constitution or acts is committed by the Voivode or the Minister of the Voivodeship (including in the exercise of their supervisory powers over the bodies of communal, county and city government), the President of the Republic shall remove them from office. The Voivode or the Minister of the Voivodeship may appeal to the Supreme Administrative Court.

28.8 If, as a result of supervisory activities of the President of the Republic of Poland, a situation arises in which a new Voivode or Ministers of the Voivodeship cannot be immediately appointed in the procedure specified in this Charter, the College of Voivodeships shall appoint the Special Commissioner.

28.9 In the event of a gross and repeated violations of the Constitution, national statutes, this Charter, Voivodeship Basic Resolutions or Voivodeship Resolutions by a commune, county or a city council, the Voivode shall submit a motion to shorten the term of office of the commune, county or a city council. The Diet, by a majority of 2/3 of its full composition, approves the Voivode’s motion. If, on the other hand, such a gross and repeated violations are committed by a Mayor or a Member of a County Board of Executives, the Voivode submits to the Supreme Voivodeship Court a motion for their removal from office.

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Part VII. Questions About Emergency Situations and Amendments to The Voivodeship Charter


Question 29: What are the rules governing the work of authorities of our Voivodeship in emergency situations?

29.1 According to the Constitution of the Republic of Poland, there are following extraordinary states: martial law, state of emergency or state of natural disaster. Martial law regulations are the exclusive competence of national authorities.

29.2 A state of natural disaster may be declared in the area where the natural disaster occurred, as well as in the area where the effects of the disaster occurred or are likely to occur. The state of a natural disaster is declared, for a specified period of time necessary to prevent or remove the effects of a natural disaster not exceeding 30 days, by the national Council of Ministers or, in the area of our Voivodeship, the Voivodeship Council of Ministers. 

29.3 During the state of a natural disaster on the territory of our Voivodeship, the actions aimed at preventing or removing the effects of the natural disaster are directed by:

29.3.a Mayor - if the state of natural disaster was introduced only in the area of one commune or a city;

29.3.b. President of the County Board of Executives - if the state of natural disaster was introduced in the area of more than one commune being a part of one county;

29.3.c. Minister of the Voivodeship appointed by the Voivode - if the state of natural disaster was introduced in the area of more than one county within our Voivodeship;

29.3.d. National Minister appointed by the Prime Minister - if the state of natural disaster was introduced by the Council of Ministers in an area larger than the area of our Voivodeship.

29.4 In the event of inability to direct or improper direction exercised by a Mayor or a President of the County Board of Executives, the Voivode may suspend the powers of the Mayor or the President to direct preventive actions and appoint a proxy to direct such actions.

29.5 If the President of the Republic of Poland introduces the state of emergency in the area covering only our Voivodeship or a part thereof, the Voivode, in close cooperation with the Prime Minister and the President of the Republic of Poland, shall coordinate and control the functioning of the public administration.

29.6 During the state of emergency, the Voivodeship Charter and Voivodeship Basic Resolutions may not be amended, nor may a new Voivodeship Basic Resolution be adopted. During the state of emergency and within 90 days after the end of the state, elections of the subnational government bodies of our Voivodeship may not be held. The same applies to Voivodeship and Local Electronic Referenda and Voivodeship and Local Referenda. The terms of office of affected bodies shall be extended accordingly.

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Question 30: What is the process of amending the Charter of our Voivodeship and Voivodeship Basic Resolutions?

30.1 An amendment to the Voivodeship Charter or the Voivodeship Basic Resolution shall be made by a majority of of the full composition of the Diet and weighted votes of the full composition of the Voivodeship Senate. After the adoption by our Diet and the Voivodship Senate, the amendment must be submitted for approval of the Senate of the Republic of Poland. In case of this approval, the amendment is subject to a Voivodeship Electronic Referendum or a Voivodeship Referendum. The amendment is adopted the Voivodeship Electronic Referendum or a Voivodeship Referendum was valid and more votes were cast for the amendment than against it.

30.2 Our Voivodeship may, by means of a Basic Voivodeship Resolution, decide on the division of the Voivodeship. Our Voivodeship and one of the Voivodeships adjacent to our Voivodeship may also, by means of uniform Voivodeship Basic Resolutions, decide to merge into one Voivodeship. In addition to obtaining the consent of the Senate of the Republic of Poland, the Basic Voivodeship Resolution on the division of our Voivodeship or the merger with another Voivodeship must be approved in a Voivodeship Referendum, the result of which must be binding with more votes for the division or merger cast than against. In this case, an Electronic Voivodeship Referendum is not acceptable.

30.3 In order to make it easier for citizens to navigate through this Charter and the Voivodeship Basic Resolutions, the Presidium of the Diet and the Presidium of the Voivodeship Senate shall, in a joint resolution, add, remove or change the inline links included in these acts.

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Part VIII. Question on Voivodeship Basic Resolutions


Question 31 What Voivodeship Basic Resolutions are in force in Our Voivodeship?

31.1 In order for this Charter to remain concise and understandable, many fundamental laws of our Voivodeship are set out in separate Voivodeship Basic Resolutions. The provisions of these Basic Resolutions have the same force as the provisions of this Charter. These resolutions are:

31.1.a Voivodeship Basic Resolution on Borders and Territorial Division of the Model Voivodeship and on the Seats of Commune, County, City and Voivodeship Authorities; 

31.1.b. Voivodeship Basic Resolution on the division of tasks between Commune, County, City and Voivodeship Authorities;

31.1.c. Voivodeship Basic Resolution on the Detailed Principles of Functioning of the Authorities of the Model Voivodeship;

31.1.d. Voivodeship Basic Resolution on Transparency and Integrity in the Functioning of Model Voivodeship Authorities;  

31.1.e. Voivodeship Basic Resolution: Introductory and Transitional Provisions.

31.2 A new Voivodeship Basic Resolution may be adopted in the procedure set out for amending the Voivodeship Charter described in Section 30.1. After its publication, the Speakers of the Diet and the Voivodeship Senate, in accordance with the resolution, shall add the new Voivodeship Basic Resolution to the list of those Resolutions in Section 31.1. of this Charter; in this case, the provisions of section 30.1 concerning the amendment of the Voivodeship Charter do not apply.  

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