Legislation

6 January 2005

(Dziennik Ustaw No. 17, item. 141, with the amendment of 2005, No. 62, item 550)

CHAPTER 1

GENERAL PROVISIONS

Article 1

The Act regulates issues connected with the preservation and development of the cultural identity of national and ethnic minorities, the preservation and development of the regional language, as well as ways to implement the principle of equal treatment irrespective of a person's ethnic origin. It also specifies the tasks and responsibilities of governmental administration bodies and territorial self–government units regarding these issues.

Article 2

1. For the purpose of this Act, a national minority is a group of Polish citizens that fulfils all of the following conditions:

1) It is smaller in number than the rest of the population of the Republic of Poland;

2) It is essentially distinguished from the rest of the citizens by its own language, culture or tradition;

3) It is guided by the will to safeguard its language, culture or tradition;

4) It is conscious of its individual historical ethnic community and is interested in its expression and protection;

5) Its ancestors have resided within the present territory of the Republic of Poland for at least a hundred years;

6) It identifies itself with the nation organized in its own country.

2. The following minorities are considered national minorities:

1) Belarussian;

2) Czech;

3) Lithuanian;

4) German;

5) Armenian;

6) Russian;

7) Slovak;

8) Ukrainian;

9) Jewish.

3. For the purpose of this Act, an ethnic minority is a group of Polish citizens that fulfils all of the following conditions:

1) It is smaller in number than the rest of the population of the Republic of Poland;

2) It is essentially distinguished from the rest of the citizens by its own its language, culture or tradition;

3) It is guided by the will to safeguard its language, culture or tradition;

4) It is conscious of its individual historical ethnic community and is interested in its expression and protection;

5) Its ancestors have resided within the present territory of the Republic of Poland for at least a hundred years;

6) It does not identify itself with the nation organized in its own country.

4. The following minorities are considered ethnic minorities:

1) Karaites;

2) Lemkos;

3) Roma;

4) Tartars.

Article 3

Whenever the regulations of the Act mention:

1) Minorities – this shall mean national and ethnic minorities, referred to in Article 2.

2) Minority language – this shall mean the respective language of a national or ethnic minority, referred to in Article 2.

Article 4

1. Each person belonging to a minority has a free right to decide whether to be considered as belonging to or not belonging to a minority, and no disadvantage shall arise from this decision or from exercising the rights related to that decision.

2. No one can be obliged, by any means other than the basis of a legal act, to reveal information concerning his or her membership to a minority, nor to reveal his or her ancestry, minority language or religion.

3. No one can be obliged to prove membership to a certain minority.

4. Persons belonging to a minority may enjoy the rights and freedoms consequent upon the rules included in the present Act both individually and in community with members of their group.

Article 5

1. Any means aimed at assimilation of persons belonging to national minorities, applied against their will, shall be forbidden.

2. Any instruments intended to change the national or ethnic proportions on the territories inhabited by the minorities shall be forbidden.

Article 6

1. Discrimination resulting from the fact of belonging to a minority shall be forbidden.

2. Bodies of public authority are obliged to act appropriately in order to:

1) Support full and real equality in the economical, social, political and cultural life of individuals belonging to a minority and those belonging to a majority;

2) Protect those persons who, as members of a minority, are the objects of discrimination, hostility or violence consequent upon their minority status; and

3) Strengthen the intercultural dialogue.

CHAPTER 2

USE OF MINORITY LANGUAGES

Article 7

1. Persons belonging to a minority have the right to use and spell their first names and surnames as spelt in their minority language, particularly in documents of marital status and on identity cards.

2. The first names and surnames of persons belonging to minorities, if written in an alphabet other than the Latin alphabet, shall undergo transliteration.

3. The minister responsible for public administration affairs shall specify by decree, in agreement with the minister responsible for issues of religious beliefs, national and ethnic minorities, the method of transliteration referred to in paragraph 2, in compliance with the principles of minority language spelling.

Article 8

Persons belonging to a minority have, in particular, the right to:

1) Freely use the minority language in private life as well as in public;

2) Disseminate and exchange information in the minority language;

3) Display information of private nature in the minority language; and

4) Learn their minority language or be taught in their minority language.

Article 9

1. In contact with the local governing bodies, the minority language can be used as an auxiliary language to the official language.

2. An auxiliary language can be used only within those municipalities where the number of inhabitants belonging to the minority, whose language is supposed to be used auxiliary, is not lower than 20 percent of the total population in the municipality, and which have been entered in the Official Register of the Municipalities where the auxiliary language is used, hereinafter called the “Official Register”.

3. Subject to paragraph 5, a possibility to use auxiliary language means that individuals belonging to a minority have the right to:

1) Turn to municipality institutions in the auxiliary language in written as well as in oral communication;

2) Receive the reply, following explicit application, in their auxiliary language in written as well as in oral communication;

4. Submission of applications in the auxiliary language shall be permitted. Submission of an application in the auxiliary language does not constitute grounds for refusal of its consideration.

5. Appeal procedures shall be held exclusively in the official language.

6. No one can refuse to follow the legitimate instruction or sentence, expressed in the official language, if it must, under the circumstances, be done without undue delay in order to achieve its goal.

7. Issues called into doubt shall be decided on the basis of a document drafted in the official language.

Article 10

1. The minister conducting the Official Register, responsible for issues of religious beliefs, national and ethnic minorities, shall perform the registration in the Official Register on the basis of application of the municipality council.

2. The application referred to in paragraph 1 should contain, particularly, official data regarding the number of municipality inhabitants, including the number of inhabitants belonging to a minority (whose language should be used as auxiliary language), as well as a resolution of the municipality acknowledging the introduction of the auxiliary language and indicating that language.

3. Before the registration in the Official Register, the minister responsible for issues of religious beliefs, national and ethnic minorities shall verify the application referred to in paragraph 1. The minister, however, may refuse the registration in the Official Register in the case that the application does not fulfill the conditions referred to in paragraph 2.

4. The minister responsible for issues of religious beliefs, national and ethnic minorities shall refuse registration in the Official Register if the number of the minority members in the municipality (whose language is to be used as an auxiliary language), is lower than 20 percent of the total population in the respective municipality.

5. In the case of refusal of the registration in the Official Register, the municipality council has a right to lay a complaint in an administrative court.

6. Upon application of the municipality council, the minister responsible for issues of religious beliefs, national and ethnic minorities shall remove the municipality from the Official Register.

7. The minister responsible for issues of religious beliefs, national and ethnic minorities shall specify by decree, in agreement with the minister responsible for public administration affairs, the means of keeping the Official Register, and the composition of the application form (referred to in paragraph 1) taking into particular consideration those data which allow unambiguous identification of the municipality (province, district, municipality name) and the information referred to in paragraph 2.

Article 11

1. Employees of the municipality office and its supplementary units, as well as of the municipality units and budgetary institutions in the municipalities entered in the Official Register, may be awarded a bonus by virtue of the command of the auxiliary language recognized in that municipality. The rules for awarding the bonus and its amount are specified in the regulations concerning the rewards for employees of the territorial self–government.

2. One's command of the auxiliary language shall be confirmed by a diploma, acknowledgement or certificate.

3. The minister responsible for issues of religious beliefs, national and ethnic minorities shall specify by decree, in agreement with the minister responsible for education and upbringing, a list of diplomas, acknowledgements or certificates referred to in paragraph 2, considering all minority languages.

Article 12

1. Additional traditional names in the minority language may be used next to:

1) Official names of places and physiographic objects,

2) Names of the streets – established in Polish language based on separate regulations.

2. Additional names referred to in paragraph 1 can be used explicitly within the territory of the municipalities, which are in the Register of the municipalities and on which territories the names in minority language are used, hereinafter called “Municipalities' Register”, led by the minister responsible for issues of religious beliefs, national and ethnic minorities. Subject to paragraph 7 and Article 13, paragraphs 1–7, the minister responsible for issues of religious beliefs, national and ethnic minorities shall accomplish the registration to the Municipalities' Register on application of the municipality council, on which territory the additional names shall be used.

3. Additional names, referred to in paragraph 1 must not refer to the names given by the authorities of the Third Reich of Germany and the Union of Soviet Socialist Republic in the period between 1933 and 1945.

4. Additional names, referred to in paragraph 1, may be introduced either on the territory of the whole municipality or in individual places.

5. Additional names, referred to in paragraph 1 shall be placed after the name in Polish language and they must not be used independently.

6. The arrangement of the additional name in a minority language is made according to the principles of spelling of this language.

7. Additional name of place or physiographic object in a minority language can be arranged on application of the municipality council, if:

1) The number of municipality inhabitants belonging to the minority is not lower than 20 percent of the total number of the inhabitants of that municipality, or, in case of a place, in which more than a half of the inhabitants opted for the arrangement of the additional name of that place in accordance with the procedure specified in Article 5a paragraph 2 of the Act of 8 March 1990 on the Municipality Self–Government (Journal of Laws – Dziennik Ustaw of 2001, No. 142, item 1591, with further amendments);

2) The application of the municipality council has received a positive opinion by the Commission on the Names of Places and Physiographic Objects established on the basis of the Act of 29 August 2003 on the Official Names of Places and Physiographic Objects (Dziennik Ustaw No. 166, item 1612).

8. The regulations of the Act referred to in paragraph 7 subparagraph 1 are applicable for the arrangement of additional names of the streets in a minority language.

Article 13

1. On request of the municipality inhabitants belonging to a minority or on its own initiative, the municipality council shall introduce the application referred to in Article 12 paragraph 7. In case of the application concerning the name of an inhabited place, the municipality council is obliged to carry out the consultations on this issue with the inhabitants of that place, according to the procedure specified in Article 5a paragraph 2 of the Act on the Municipality Self–Government.

2. The municipality council shall introduce the application referred to in Article 12 paragraph 7 to the minister responsible for issues of religious beliefs, national and ethnic minorities by hand of the Voivode (head of province).

3. The application referred to in Article 12 paragraph 7 should contain:

1) A resolution of the municipality council concerning the arrangement of the additional name of a place or a physiographic object;

2) Correct spelling of the official name of the place or physiographic object in Polish language;

3) In case of physiographic object – opinions of the boards of the provinces, on which territories the object is situated;

4) Suggested spelling of the additional name in the minority language;

5) Debriefing of the results of the consultations referred to in paragraph 1 as well as in Article 12 paragraph 7, subparagraph 1;

6) Information concerning the financial costs of the implementation of the suggested change.

4. The condition of the consultation referred to in paragraph 3, subparagraph 3 is considered as fulfilled if no opinion has been expressed within 30 days from the date of receiving the request for opinion.

5. The Voivode is obliged to forward to the minister responsible for issues of religious beliefs, national and ethnic minorities the application referred to in Article 12 paragraph 7 along with his own opinion, not later than within 30 days from the date of its receiving. The minister responsible for issues of religious beliefs, national and ethnic minorities shall forward the application to the Commission on the Names of Places and Physiographic Objects in order to obtain its opinion. The Commission on the Names of Places and Physiographic Objects shall advance its opinion to the minister responsible for issues of religious beliefs, national and ethnic minorities by hand of the minister responsible for public administration affairs, without delay, after familiarization with the application.

6. As soon as it has been entered in the Municipalities’ Register, the additional name of the place or physiographic object in the minority language is considered as established.

7. The minister responsible for issues of religious beliefs, national and ethnic minorities shall carry out the registration referred to in paragraph 6, after he has obtained positive opinion of the Commission on the Names of Places and Physiographic Objects.

8. The minister responsible for issues of religious beliefs, national and ethnic minorities shall refuse the registration of an additional name of a place or a physiographic object in the minority language or remove the entered name from the Register, if it refers to the name from the period between 1933 and 1945 given by the authorities of the Third Reich of Germany or the Union of Soviet Socialist Republics.

9. In case of the refusal of the registration referred to in paragraph 6 and the removal referred to in paragraph 8, the municipality council has a right to lay a complaint in an administrative court.

10. The minister responsible for issues of religious beliefs, national and ethnic minorities in agreement with the minister responsible for public administration affairs shall specify by decree the specimen of application forms of the municipality council for:

1) Registration in the Municipalities' Register;

2) Establishing the additional name of a place or a physiographic object in a minority language – taking into consideration the detailed range of information placed in the Municipalities' Register.

11. The minister responsible for issues of religious beliefs, national and ethnic minorities in agreement with the minister responsible for public administration affairs shall specify by decree the method of administering the Municipalities' Register, as well as detailed range of information recorded in that Register, including the specification of the province and district where the municipality is situated, the name of the municipality, the official names of places and physiographic objects, as well as the additional name in the minority language.

12. The minister responsible for transport, in agreement with the minister responsible for issues of religious beliefs, national and ethnic minorities and the minister responsible for public administration affairs, shall specify by decree details considering the placement of additional names in the minority language on signs and panels, specifically the font size and font style of the names both in Polish and in the minority language.

Article 14

Under the number of municipality inhabitants belonging to a minority, referred to in Article 9 paragraph 2, Article 10 paragraph 4, and Article 12 paragraph 7 subparagraph 1, shall be understood the number of individuals according to the latest census.

Article 15

1. Subject to paragraph 2, the costs connected with the implementation and usage of the auxiliary language within the area of the municipality, as well as costs connected with the implementation of additional names in the minority language referred to in Article 12 paragraph 1, shall be covered by the municipality budget.

2. The costs connected with the replacement of information panels arising from the establishment of additional names of places and physiographical objects in the minority language, shall be covered by the state budget.

Article 16

The minister responsible for issues of religious beliefs, national and ethnic minorities shall ordain the translation of this Act into minority languages.

CHAPTER 3

EDUCATION AND CULTURE

Article 17

The implementation of the right of individuals belonging to minorities to learn and to be educated in their respective languages, as well as the right to learn the history and culture of the minority, shall be performed according to the principles and procedure specified in the Act of 7 September 1991 on the Education System (Dziennik Ustaw of 2004, No 256, item 2572, No 273, item 2703 and No 281, item 2781).

Article 18

1. Public authorities are obliged to take adequate measures to support activities aimed at the protection, preservation and development of minorities' cultural identity.

2. The measures referred to in paragraph 1 may be used for either specific or general subsidies for:

1) Support of the activities of cultural institutions, artistic movements, and creative activities of the minority, as well as cultural events of relevant importance to minority cultures;

2) Investments aimed at the preservation of minority cultural identities;

3) Publishing books, magazines, periodicals, and leaflets in either minority languages or in Polish, in a print version, as well as in other techniques of sound and image recording;

4) Supporting the television programmes and radio broadcasts produced by minorities;

5) Protection of places connected with minority cultures;

6) Operation of day rooms;

7) Operation of libraries and documentation of minority cultural and artistic life;

8) Education of children and youths realized in various forms;

9) Popularization of knowledge about minorities;

10) Other programs aiming at achieving the goals referred to in paragraph 1, as well as supporting the civic integration of minorities.

3. Subsidies referred to in paragraph 2, awarded from this part of the state budget, whose disburser is the minister responsible for issues of religious beliefs, national and ethnic minorities, can be awarded without open tender. The minister responsible for issues of religious beliefs, national and ethnic minorities shall announce the principles of procedure in issues concerning the awarding of the subsidies annually, referred to in paragraph 2. The provisions of Articles 14–18 of the Act of 24 April 2003 on Non–profit Activities and Voluntary Work (Dziennik Ustaw No 96, item 873, and of 2004, No 64, item 593, No 116, item 1203 and No 210, item 2135) are applicable.

4. Among the means referred to in paragraph 1 may also be counted means transferred from the budget of the territorial self–government units to the organizations or institutions, which realize the activities aimed at the protection, preservation and development of minority cultural identities.

5. Subsidies referred to in paragraph 2 can be awarded to the organizations of minorities or cultural institutions of significant importance to minority cultures. The provisions of Article 73 paragraph 4 of the Act of 26 November 1998 on Public Finance (Dziennik Ustaw of 2003, No 15, item 148 with further amendments) are applicable.

CHAPTER 4

REGIONAL LANGUAGE

Article 19

1. For the purposes of this Act, according to the European Charter for Regional or Minority Languages, a regional language means a language that:

1) Is traditionally used within a given territory of a state by nationals of that state who form a group smaller in number than the rest of the state’s population;

2) Differs from the official language of that state; this includes neither dialects of the official language of the state nor the languages of immigrants.

2. For the purposes of this Act, the regional language is Kashubian. The provisions of Articles 7–15 are applicable, but as a number of the inhabitants of a municipality referred to in Article 14, there should be understood a number of those using the regional language according to the latest census.

Article 20

1. The implementation of the right of individuals using the language referred to in Article 19 to learn or be educated in this language shall be performed according to the rules and procedures of the Act referred to in Article 17.

2. The bodies of public authority are obliged to undertake adequate measures to support the activities aimed at the preservation and development of the language referred to in Article 19. The provisions of Article 18 paragraphs 2, 3 and 5 are applicable.

3. Among the means referred to in paragraph 2, may also be included means transferred from the budget of the territorial self–government unit to the organizations or institutions that realize the activities aimed at the preservation and development of the language, referred to in Article 19.

CHAPTER 5

RESPONSIBLE BODIES FOR THE ISSUES OF NATIONAL AND ETHNIC MINORITIES

Article 21

1. The governmental body responsible for the issues covered within this Act is the minister responsible for issues of religious beliefs, national and ethnic minorities.

2. The minister responsible for issues of religious beliefs, national and ethnic minorities shall specifically:

1) Promote the implementation of the rights and needs of minorities by undertaking activities in favor of minorities and by initiating programmes concerning:

a) The preservation and development of minority identities, cultures and languages, while guaranteeing the comprehensive civic integration of minority members;

b) The implementation of a principle of equal treatment of individuals, irrespective of their ethnic origin;

2) Cooperate with the appropriate institutions in the scope of activities against the violation of minority rights;

3) Prepare analysis and assessments of the legal and social situation of minorities, including the implementation of the principle referred to in subparagraph 1 (b);

4) Popularize knowledge on minorities and their cultures and initiate research on the situation of minorities, including discrimination as referred to in Article 6 paragraph 1 as well as its symptoms and methods and strategies of acting against its appearance.

5) Undertake measures for the preservation and development of the language referred to in Article 19.

Article 22

1. A Voivode's tasks shall consist of the following:

1) Coordination – within the territory of the province – of the activities of governmental authorities in order to implement tasks in favor of minorities;

2) Action in favor of respecting the rights of minorities and action against both the violation of those rights and discrimination against minority members;

3) Action in favor of solving the problems of minorities;

4) Action in favor of respecting the rights of individuals using the language referred to in Article 19.

2. For the purpose of the implementation of the tasks referred to in paragraph 1, the Voivode shall cooperate with territorial self–government bodies and social organizations, in particular with the minorities' organizations. He shall also orient the programmes in favor of minorities and the preservation and development of the language referred to in Article 19, implemented within the territory of the respective province.3. The Voivode may appoint the commissioner responsible for issues of national and ethnic minorities according to the procedure specified in Article 35 of the Act of 5 June 1998 on Governmental Administration Within a Province (Dziennik Ustaw No 80, item 872 of 2001, with further amendments) for an unspecified period of time.

Article 23

A Joint Commission of the Government and National and Ethnic Minorities shall be established as an advisory-consultative organ to the Prime Minister, hereinafter called the “Joint Commission”.

2. The tasks of the Joint Commission shall consist of following:

1) Advancement of opinions on issues concerning the implementation of the rights and needs of minorities, including opinions on the method of implementation of those rights, as well as articulation of the propositions in the scope of activities aimed at guaranteeing the implementation of the rights and needs of minorities;

2) Advancement of opinions on the programmes aimed at providing circumstances conducive to the preservation and development of the minorities' cultural identity and the regional language;

3) Advancement of opinions on legal drafts concerning minority issues;

4) Advancement of opinions on the amount and rules of division of the means in the state budget designed for supporting activities aimed at the protection, preservation and development of minorities' cultural identity and the regional language;

5) Action counteracting discrimination against minority members.

3. For the purpose of implementation of its tasks, the Joint Commission:

1) Cooperates with the governmental administration and territorial self–government bodies as well as concerned social organizations;

2) Can apply for opinions, positions, evaluations and information to scientific institutions and circles as well as social organizations;

3) Can invite representatives of territorial self–government units, social organizations and scientific circles to participate in its work.

Article 24

1. The Joint Commission shall be composed of:

1) The representatives of the governmental administration bodies:

a) The minister responsible for issues of religious beliefs, national and ethnic minorities,

b) The minister responsible for issues of public administration,

c) The minister responsible for issues of culture and protection of cultural heritage,

d) The minister responsible for issues of education and upbringing,

e) The minister responsible for issues of public finance,

f) The minister responsible for issues of employment,

g) The Minister of Justice,

h) The minister responsible for issues of interior affairs,

i) The minister responsible for issues of social security,

j) The minister responsible for issues of foreign affairs,

k) The chairman of the Central Statistic Office,

l) The Council of the Protection of Memory of Struggle and Martyrdom,

m) The Head of the Chambers of the Prime Minister;

2) Representatives of the minorities:

a) Two representatives of the Belarussian minority,

b) One representative of the Czech minority,

c) Two representatives of the Lithuanian minority,

d) Two representatives of the German minority,

e) One representative of the Armenian minority,

f) One representative of the Russian minority,

g) One representative of the Slovak minority,

h) Two representatives of the Ukrainian minority,

i) One representative of the Jewish minority,

j) One representative of the Karaite minority,

k) Two representatives of the Lemko minority,

l) Two representatives of the Roma minority,

m) One representative of the Tartar minority;

3) Two representatives of the community using the language referred to in Article 19;

4) The Secretary of the Joint Commission, employed by the body supervised by the minister responsible for issues of religious beliefs, ethnic and national minorities.

2. Members of the Joint Commission shall be appointed and recalled by the Prime Minister upon the proposal of the minister responsible for issues of religious beliefs, national and ethnic minorities.

3. The minister responsible for issues of religious beliefs, national and ethnic minorities shall notify the bodies referred to in paragraph 1, as well as the minority organizations and community using the language referred to in Article 19, about the intention of presenting the Prime Minister with the proposal referred to in paragraph 2.

4. Bodies referred to in paragraph 1 subparagraph 1 shall submit, to the minister responsible for issues of religious beliefs, national and ethnic minorities, a proposal of candidates for the Joint Commission members within 90 days from the date of receiving the notification referred to in paragraph 3.

5. Each minority referred to in Article 2, as well as community using the language referred to in Article 19, shall submit to the minister responsible for issues of religious beliefs, national and ethnic minorities their proposals of candidates for the Joint Commission members representing given minority or community using the language referred to in Article 19, in the number specified for this minority or community in paragraph 1 subparagraph 2 or 3, within 90 days from the date of receiving the notification referred to in paragraph 3.

6. If, within the period referred to in paragraph 5, one of the minorities or community using the language referred to in Article 19 does not submit its proposal, or submits a proposal of candidates in a number different from the one specified for that minority in paragraph 1 subparagraph 2 and for the community in paragraph 1 subparagraph 3, the minister responsible for issues of religious beliefs, national and ethnic minorities shall introduce to that minority or community his own candidates for the Joint Commission members representing that minority or community and ask them to express their opinion on these candidates. In case that the minority or community expresses no opinion within 30 days from the date the minister responsible for issues of religious beliefs, national and ethnic minorities proposed the list of candidates, the condition of obtaining an opinion is considered fulfilled.

7. In the proposal referred to in paragraph 2, subject to paragraph 6, the minister responsible for issues of religious beliefs, national and ethnic minorities shall place only the candidates for the Joint Commission members proposed by the bodies referred to in paragraph 1 subparagraph 1, minorities and community using the language referred to in Article 19, and the candidate for the secretary of the Joint Commission.

Article 25

1. The minister responsible for issues of religious beliefs, national and ethnic minorities applies to the Prime Minister for the recall of a Joint Commission member if:

1) The member of the Joint Commission tenders his or her own membership;

2) A body, minority or community using the language referred to in Article 19 and being represented by the member applies for the member's dismissal, and the application is justified;

3) The member has been sentenced with a valid verdict for an intentional offence.

2. Membership in the Joint Commission expires upon the death of a member.

3. In case of the expiration of a membership of the Joint Commission or the recall of a member, the Prime Minister, upon the proposal of the minister responsible for issues of religious beliefs, national and ethnic minorities, shall appoint a new member. The provisions of Article 24 paragraphs 2 – 7 are applicable.

Article 26

By decree, the Council of Ministers may include in the Joint Commission a representative of a governmental administration body other than these referred to in Article 24 paragraph 1 subparagraph 1. The provisions of Article 24 paragraphs 2, 3, and 7 and Article 25 are applicable for both the appointment and the recall of a Joint Commission member.

Article 27

1. The co–chairmen of the Joint Commission are the representative of the minister responsible for issues of religious beliefs, national and ethnic minorities and the representative of minorities and community using the language referred to in Article 19, chosen by the members of the Joint Commission, referred to in Article 24 paragraphs 1, 2 and 3.

2. The co–chairmen of the Joint Commission shall be appointed and recalled by the Prime Minister at the proposal of the minister responsible for issues of religious beliefs, national and ethnic minorities.

Article 28

1. The sessions of the Joint Commissions shall be held at least once every six months.

2. The co–chairmen of the Joint Commission, being the representative of the minister responsible for the issues of religious beliefs, national and ethnic minorities, shall summon the sessions on his own initiative or at the proposal of the co–chairman representing minorities and community using the language referred to in Article 19.

3. In order to work out a common position among the minorities and community using the language referred to in Article 19, the co–chairman representing minorities and that community may call for sessions in which only the members of the Joint Commission referred to in Article 24 paragraph 1 subparagraphs 2 and 3 shall take part. The co–chairman shall convey the statement to the other members of the Joint Commission without undue delay.

4. In order to work out a common position among the governmental administration, the co–chairman representing the minister responsible for issues of religious beliefs, national and ethnic minorities, may summon the sessions in which only the members of the Joint Commission referred to in Article 24 paragraph 1 subparagraph 1 shall take part. The co–chairman shall convey the statement to the other members of the Joint Commission without undue delay.

5. The statements referred to in paragraphs 3 and 4, as well as opinions referred to in Article 23 paragraph 2, shall be conveyed to the Prime Minister and to the Council of Ministers.

6. The Prime Minister shall specify by decree detailed regulations on the work of the Joint Commission.

Article 29

1. Members of the Joint Commission are not entitled to remuneration by virtue of their membership in the Joint Commission.

2. The representatives of organizations of minorities and community using the language referred to in Article 19 and taking part in the sessions of the Joint Commission are entitled to reimbursement of travel and accommodation costs according to the rules specified in the regulations concerning the amount and conditions of due, to which employees of the state or self–government unit in the budgetary sphere are entitled by virtue of the business trip in the territory of the country, on the basis of Article 77 paragraph 2 of the Labor Code.

Article 30

1. The office of the minister responsible for issues of religious beliefs, national and ethnic minorities shall ensure the organizational and technical service of the sessions of the Joint Commissions.

2. The functioning costs of the Joint Commission are covered by the part of the state budget, whose disburser is the minister responsible for issues of religious beliefs, national and ethnic minorities.

Article 31

1. Governmental authorities, territorial self-government agencies and organizations of minorities and community using the language referred to in Article 19 are obliged to supply to the minister responsible for issues of religious beliefs, national and ethnic minorities, on his request, information regarding the activities of these bodies or organizations and concerning the situation of minorities and community using the language referred to in Article 19, or accomplishing tasks in favor of minorities or the preservation and development of the language referred to in Article 19.

2. The range of information referred to in paragraph 1 is to be determined by the Joint Commission.

3. The minister responsible for issues of religious beliefs, national and ethnic minorities shall prepare, at least once every two years, a report on the situation of minorities in the Republic of Poland, including the information referred to in paragraph 1. This report shall be commented upon by the Joint Commission.

4. This report, along with the commentary referred to in paragraph 3, shall be conveyed to the Council of Ministers, and subsequently–after approval by the Council of Ministers – published in electronic form by the minister responsible for issues of religious beliefs, national and ethnic minorities.

Article 32

In order to obtain an opinion, governmental authorities and self–governmental institutions as well as nongovernmental organizations are obliged to forward to the Voivode the documents concerning the programmes implemented with their participation within the territory of the province that refer to minorities or aim at the preservation and development of the language referred to in Article 19, and which are completely or partially financed from the public sources.

CHAPTER 6

AMENDMENTS TO THE PROVISIONS IN FORCE, TRANSITIONAL AND FINAL PROVISIONS

Article 33 (deleted)

Article 34

In the Act of 7 December 1991 on the Education System (Dziennik Ustaw of 2004, No 256, item 2572, No 273 item 2703 and No 281, item 2781), paragraphs 6 and 7 shall be added to Article 13 the following:

6. The minister responsible for issues of education and upbringing shall take actions in order to guarantee the possibility of education for teachers, as well as access to textbooks for the needs of schools and public institutions referred to in paragraph 1.

7. The minister responsible for issues of education and upbringing shall take actions in order to spread knowledge about history, culture, language and religious traditions of national and ethnic minorities, as well as of community using the regional language.

Article 35

In the Act of 29 December 1992 on Radio and Television (Dziennik Ustaw of 2004, No 253, item 2531), the following changes shall be introduced:

1) In Article 21:

a) Subparagraph 8a shall be added to paragraph 1a as follows:

Considering the needs of national and ethnic minorities, as well as of community using the regional language, including emission of information programmes in minority languages, as well as in the regional language;

b) Subparagraph 9 in paragraph 4a shall be deleted;

2) Paragraph 4a shall be added to Article 30 as follows:

Directors of divisions shall consider the candidates proposed by the social organizations of national and ethnic minorities, as well as by community using the regional language while appointing the programme boards of divisions broadcasting the programmes in both minority languages and in the regional language.

Article 36

In the Act of 4 September 1997 on Governmental Administrative Divisions (Dziennik Ustaw of 2003, No 159, item 1548 with further amendments), the following changes shall be introduced:

1) Subparagraph 25 of Article 5 shall be replaced by the following:

Religious beliefs, national and ethnic minorities;

2) Article 30 shall be replaced by the following:

The division “religious beliefs as well as national and ethnic minorities” covers the issues:

1) Of relations between the state and the Catholic Church, as well as other churches and religious unions;

2) Connected with the preservation and development of the cultural identity of national and ethnic minorities, as well as the preservation and development of the regional language”.

Article 37

In the Act of 7 October 1999 on the Polish Language (Dziennik Ustaw No 90, item 999 with further amendments), subparagraph 2a of Article 2 shall be replaced by the following:

The rights of national and ethnic minorities, as well as community using the regional language

Article 38

In the Act of 29 August 2003 on Official Names of Places and Physiographic Objects (Dziennik Ustaw No 166, item 1612), in paragraph 1 of Article 5, subparagraph 5 is followed by subparagraph 6:

The secretary of the Joint Commission of Government and National and Ethnic Minorities, established on the basis of the Act of 6 January 2005 on National and Ethnic Minorities, as well as on the Regional Language (Dziennik Ustaw No 17, item 141).

Article 39

The minister responsible for issues of religious beliefs, national and ethnic minorities shall inform the bodies referred to in Article 24 paragraph 1 subparagraph 1, as well as the organizations of the minorities and community using the language referred to in Article 19, about the intention to turn to the Prime Minister with the application, referred to in Article 24 paragraph 2, within 60 days from the date of promulgation of the act.

Article 40

For issues falling within the scope of this Act, covered by the regulations of international agreements ratified by the Republic of Poland upon prior consent granted by statute, these international regulations shall be applied.

Article 41

Employees of the office of the minister responsible for issues of culture and protection of national heritage, which up to the day of the promulgation of the Act had implemented the tasks within the scope of the rights of national and ethnic minorities, become on that day the employees of the office of the minister responsible for issues of religious beliefs, national and ethnic minorities. The provisions of Article 23 of the Labor Code are applicable.

Article 42

1. The property of the office of the minister responsible for issues of culture and protection of national heritage, which had served the purpose of realizing tasks within the scope of minority rights, become from the day of promulgation of this Act the property of the office of the minister responsible for issues of religious beliefs, national and ethnic minorities.

2. The financial resources referred to in part 24 of the state budget – culture and the protection of national heritage – destined for the realization of tasks within the field of minority rights, as well as for supporting the publishing of magazines in the regional language, are transferred on the day of the promulgation of this act to part 43 of the state budget – religious beliefs, national and ethnic minorities.

Article 43

With the exception of Article 36, Article 39, Article 41 and Article 42, which come into force on the day of their promulgation, this Act shall come into force upon the expiration of a 3–month period following the day of its promulgation.

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