Reserve Procedures for Appointing the Council of Ministers

The Council of Ministers should result from the President’s cooperation with the parliamentary majority. If this turns out to be impossible, the Constitution provides for reserve procedures, successively allowing other ways of forming the government (art. 154 s. 3 and art. 155 s. 1). The article presents constitutional issues regarding reserve procedures for the appointment of the Council of Ministers and an analysis of the applicability of these procedures in the event that the government is not created in the basic procedure (art. 154 sections 1 and 2). The article is indicates the role of the president and political groups represented in the Sejm in a situation where there is no parliamentary majority (2004), as well as when the parliamentary majority exists, but it is ignored by the president (2023). This statement may be important not only for the state of scientific reflection, but also for political practice.