Objęcie urzędu przez Prezesa Rady Ministrów wybranego przez Sejm w trybie art. 154 ust. 3 Konstytucji RP

The opinion presents the problem of the election of the Prime Minister in the modes provided by the Constitution of the Republic of Poland. The differences between the parliamentary-cabinet system adopted in Poland and the presidential system, shown at the outset, are intended to give an idea of the powers of the President and the Sejm in the aforementioned systems of government. The procedure for the creation of a new Council of Ministers is analyzed in detail, with the author drawing attention to the so-called reserve procedure provided for in Article 154 para. 3 of the Constitution. This regulation orders the President to appoint the Prime Minister elected by the Sejm and, upon his request, the other members of the government, and to take the oath of office from them, whereas, according to the author, the President’s refusal in this regard would constitute a violation of the Constitution meeting the conditions of a constitutional tort.