A parliamentary act is a generally applicable law adopted by the Seimas (the lower house of parliament) with the participation of the Senate and the President. A resolution is an act adopted by a collegial body (e.g., the Seimas, a municipal council, or a company board), which is generally binding only on that body or its subordinate entities. Local government resolutions, which are acts of local law, are an exception—they apply to everyone, but only within the territory of a given municipality, district, or voivodeship. Below, we explain the differences based on the Constitution of the Republic of Poland.
To sum it up
- This law applies to all residents of the country and is included in the Constitution as a source of generally binding law (Article 87).
- Resolution — this is a form of decision of a collegial body, most often it is of an internal nature, for example, resolutions of the Council of Ministers are binding only on its subordinate units (Article 93).
- Only the Seimas may adopt a bill in three readings, with the participation of the Senate and the Chairman; resolutions are adopted by various bodies in a more simplified procedure.
- Resolution cannot contradict the law – the law occupies a higher place in the hierarchy of sources of law.
What is law?
Law A law adopted by parliament contains general and abstract rules addressed to specific categories of individuals and situations, rather than to any specific citizen. According to Article 87 of the Constitution of the Republic of Poland, the sources of generally binding law are: the Constitution, statutes, ratified international agreements, and regulations. The law is binding on everyone—citizens, companies, and government agencies—throughout the country.
In terms of legal force, laws are second only to the Constitution (and, in some cases, to ratified international treaties). Laws regulate the most important issues for citizens: taxes, fines, rights, and obligations. Examples include the Criminal Code, the Civil Code, and the annual budget law.
How is a law created? The procedure is in accordance with the Constitution.
- Legislative initiative (Article 118) – a bill may be introduced by a group of deputies, the Senate, the Chairman, the Council of Ministers, or at least 100,000 citizens entitled to vote in the Seimas.
- Three readings in the Sejm (Article 119) – with work in the committees of the Seimas.
- Vote (Article 120) – The Seimas shall adopt a bill by a simple majority of votes in the presence of at least half of the number of deputies established by law.
- Senate (Article 121) Within 30 days, the Seimas may adopt the bill without amendments, amend it, or reject it. The Seimas may reject the Senate's position by an absolute majority vote.
- At the President's (Article 122) The Seimas has 21 days to sign the bill. It may also refer it to the Constitutional Tribunal or veto it. The Seimas may override a veto with a three-fifths majority.
- Publication in the Journal of Laws – only after publication can the act come into force (Article 88).
Resolution – Definition and Types
Resolution - this is an act (decision) adopted by voting collegial body , that is, a multi-membered organ. The name itself, therefore, primarily indicates who makes the decision and how , and not on who is obligated to comply with it. Therefore, resolutions can have completely different nature and legal force.
The most important types of resolutions in the Polish legal system:
- Resolutions of the Sejm and Senate – for example, the Seimas' rules of procedure (Article 112 of the Constitution), the creation of the Seimas' investigative commission (Article 111), and individual resolutions. A Seimas resolution is not a law and does not impose obligations on citizens.
- Resolutions of the Council of Ministers , according to Article 93 of the Constitution, are internal in nature and apply only to organizational units subordinate to the government. They cannot serve as the basis for decisions affecting citizens or businesses.
- Decisions of local government bodies (municipal council, district council, provincial assembly) - some of them are local law acts (Article 94), for example, local development plans. They apply to everyone, but only within the territory of a given local government unit (Article 87, paragraph 2). Others, such as organizational plans, are internal in nature.
- Decisions made outside the framework of public administration – decisions taken by boards and meetings of shareholders of companies, general meetings of associations, housing cooperatives or university senates – are not sources of generally binding law.
Comparison table: act and resolution
| Characteristic | Act | Permission |
|---|---|---|
| Who accepts this? | Seimas (with the participation of the Senate and the President) | Any collegial body: the Seimas, the Senate, the Council of Ministers, the municipal council, the board of a company. |
| Who is connected? | All over the country | Typically, this applies only to the government body and its subordinate units; local laws apply to everything within a given territory. |
| Character | Generally applicable law (Article 87) | Most often, this is an internal act (Article 93) or an act of local legislation (Article 94). |
| Procedure | Three readings, Senate, President's signature. | Voting in a body in accordance with its charter or law. |
| Legal force | Second only to the Constitution (and ratified treaties). | Lower level – must comply with the Law. |
| Publication | Journal of Laws | Depending on the type: Monitor Polski, the official journal of the voivodeship, or an unofficial publication. |
| Compliance check | Constitutional Tribunal (constitutionality) | For example, decisions of local government bodies – administrative courts (Article 184) |
Act, resolution and decree – hierarchy of legal acts.
The third act is often included in the comparison – regulations . According to Article 92 of the Constitution, regulations are issued by bodies designated in the Constitution (e.g., the Council of Ministers, the Prime Minister, ministers, the President) , on the basis of the detailed powers contained in the act and for the purpose of its execution . Therefore, a regulation cannot exist without an act—it clarifies its provisions, for example, by establishing templates or detailed technical requirements.
The simplified hierarchy of obligatory law is as follows: Constitution → ratified international agreements → statutes → regulations → local laws (valid only within a given territory). Most resolutions—for example, resolutions of the Council of Ministers, non-legislative resolutions of the Seimas, or company resolutions—are not included in this hierarchy at all, as they are internal acts. Each act of a lower level must correspond to the acts of a higher level.
How to determine whether a document is an act or a resolution?
- Check the title and permissions. An act always begins with the words "Act of..." and originates from the Sejm. A resolution is entitled "Resolution No.... [name of body] of...".
- Check the publication location. Statutes can be found in the Journal of Laws (e.g., on the ISAP website or dziennikustaw.gov.pl). Municipal council decisions can be found in the official provincial journal or in the municipal bulletin.
- Ask the question: who does this apply to? If an act imposes obligations on all residents of the country, it is a law or regulation. If it concerns the activities of the body itself (for example, the election of the chairman), it is an internal regulation.
- In matters of local government (property tax in the municipality, waste disposal regulations, local plan) you are obliged to obey the decision of the municipal council, but made on the basis of and within the framework of the current legislation.
In certain cases, such as when a municipal ordinance affects your property, it's worth consulting with a lawyer—the rules and deadlines for appealing ordinances are specified in the law.
Frequently Asked Questions (FAQ)
What is law in simple terms?
This law is the most important legal act passed by the Sejm (the lower house of parliament) since the Constitution. It contains general rules that apply to everyone in Poland—citizens, companies, and institutions. It enters into force upon signature by the president and publication in the Journal of Laws.
What is a resolution – definition?
A resolution is a decision or act adopted by a collective body, such as the Seimas (the lower house of parliament), a municipal council, the Council of Ministers, or a company's board. Typically, it is binding only within that body or its subordinate units, with the exception of local legislation.
What has higher legal force – an act or a resolution?
A resolution must comply with the law, and local government resolutions are adopted on the basis of and within the scope of their authority established by law. A resolution that contradicts the law may be declared invalid, for example, by an administrative court.
Is the decision of the municipal council binding on all residents?
Only if it's a local legislative act, such as a local development plan. In such cases, it applies to all residents of the municipality, not just those who live within it. Organizational decisions, such as the election of the council chair, are internal in nature.
What is the difference between a law and a regulation?
A law is passed by the Seimas, while a resolution is issued by an executive body, such as a minister or the Council of Ministers. A resolution is issued solely on the basis of a specific authorization contained in a law and for the purpose of implementing it, and therefore has less legal force.
See also
- What is the difference between government and parliament?
- What is the difference between a president and a prime minister?
- What is the difference between public and private law?
- What is the difference between the executive and legislative branches?
- What is the difference between public administration and local government?