Legal acts
5. Should the Senate refuse to approve the Defender, the Sejm shall appoint
another person the Defender. Provisions of sections 1-4 shall apply respectively.
6. The outgoing Defender shall perform his duties until the office is taken over
by the new Defender.
Article 4.
Prior to assumption of duties, the Defender shall make the following oath
before the Sejm:
„I solemnly do swear that in performing the duties entrusted to me as the Human Rights Defender I shall keep faith with the Constitution of the Republic of Poland, safeguard the liberties and rights of the human being and the citizen, being
guided by the Law and the principles of community life and social justice.
I pledge to perform the duties entrusted to me impartially, with the greatest of
diligence and care, to safeguard the dignity of the office and to keep the State and office matters in strict confidence.”
The oath may be taken with the sentence added „So help me God”.
Article 5.
1. The Defender’s term of office shall be five years starting from the date the
oath is made before the Sejm.
2. The same person may not act as the Defender for more than two terms of
office.
Article 6.
After completion of his duties, the Defender has the right to resume the position occupied before or to be offered a position equal to the previous one, should
there be no legal obstacles.
Article 7.
1. The Sejm may discharge the Defender prior to the end of his term of office
in the case if:
1) the Defender has refused to perform his function,
2) has become permanently incapable to perform the office due to medically certified ailment, disability or decline of strength.
2. The Sejm may also discharge the Defender before the end of the term of his
appointment, should he act against his oath.
3. In the case mentioned under section 1 point 1 the Sejm, upon the motion
of the Speaker, takes the resolution on discharging the Defender.
137
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