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