POLAND Republic of Poland Rzeczpospolita Polska Joined United Nations: 24 October 1945 Human Rights as assured by their constitution Click here Updated 07/05/10
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Warsaw
38,482,919 (July 2009 est.)
Bronislaw Komorowski
President since 05 July 2010
NOTE- Speaker of the Assembly Bronislaw Komorowski
was recognized as the Interim Chief of State following the
accidental death of President Lech Kaczynski on 09 April
2010. Under the Polish Constitution, the speaker of the
Assembly assumed the presidency upon the incapacitation
of the president and must announce early elections within
14 days.
President elected by popular vote for a five-year term (eligible
for a second term); election last held 05 July 2010
Next scheduled election: July 2015
HEAD OF GOVERNMENT
SELECTION PROCESS
Donald Tusk
Prime Minister since 16 November 2007
Prime minister and deputy prime ministers appointed by the
president and confirmed by the Sejm: Elections last held last
held 21 October 2007
Next election: To be held by October 2011
DECLARATION OF HUMAN RIGHTS
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Polish 96.7%, German 0.4%, Belarussian 0.1%, Ukrainian 0.1%, other and unspecified 2.7% (2002 census)
Roman Catholic 89.8% (about 75% practicing), Eastern Orthodox 1.3%, Protestant 0.3%, other 0.3%, unspecified
8.3% (2002)
Republic comprised of 16 provinces (wojewodztwa, singular - wojewodztwo); Legal system is a mixture of
Continental (Napoleonic) civil law and holdover Communist legal theory; changes being gradually introduced as part
of broader democratization process; limited judicial review of legislative acts, but rulings of the Constitutional
Tribunal are final; court decisions can be appealed to the European Court of Justice in Strasbourg; accepts
compulsory ICJ jurisdiction, with reservations
Executive: President elected by popular vote for a five-year term (eligible for a second term); election last held 05 July
2010 (next to be held July 2015); prime minister and deputy prime ministers appointed by the president and confirmed by
the Sejm
Legislative: bicameral legislature consisting of an upper house, the Senate or Senat (100 seats; members are
elected by a majority vote on a provincial basis to serve four-year terms), and a lower house, the Sejm (460 seats;
members are elected under a complex system of proportional representation to serve four-year terms); the
designation of National Assembly or Zgromadzenie Narodowe is only used on those rare occasions when the two
houses meet jointly
elections: Senate - last held 21 October 2007 (next to be held by October 2011); Sejm elections last held 21
October 2007 (next to be held by October 2011)
Judicial: Supreme Court (judges are appointed by the president on the recommendation of the National Council of
the Judiciary for an indefinite period); Constitutional Tribunal (judges are chosen by the Sejm for nine-year terms)
Polish 97.8%, other and unspecified 2.2% (2002 census)
Poland has pursued a policy of economic liberalization since 1990 and today stands out as a success story among
transition economies. Before 2009, GDP had grown about 5% annually, based on rising private consumption, a jump
in corporate investment, and EU funds inflows. GDP per capita is still much below the EU average, but is similar to
that of the three Baltic states. Since 2004, EU membership and access to EU structural funds have provided a major
boost to the economy. Unemployment fell rapidly to 6.4% in October 2008, climbed back to 8.9% by January
2010, but remains below the EU average. In 2008 inflation reached 4.3%, more than the upper limit of the National
Bank of Poland's target range, but fell to 3.5% in January 2010 due to global economic slowdown. Poland's
economic performance could improve over the longer term if the country addresses some of the remaining
deficiencies in its road and rail infrastructure and its business environment. An inefficient commercial court system, a
rigid labor code, bureaucratic red tape, burdensome tax system, and persistent low-level corruption keep the private
sector from performing up to its full potential. Rising demands to fund health care, education, and the state pension
system present a challenge to the Polish Government's effort to hold the consolidated public sector budget deficit
under 3.0% of GDP, a target which was achieved in 2007-09. The PO/PSL coalition government, which came to
power in November 2007, plans to reduce the budget deficit in 2010 and has also announced its intention to enact
business-friendly reforms, increase workforce participation, reduce public sector spending growth, lower taxes, and
accelerate privatization. The government, however, has moved slowly on major reforms. The legislature passed a law
significantly limiting early retirement benefits. A health-care bill also passed through the legislature, but the legislature
failed to overturn a presidential veto.
Source: CIA World Factbook (select Poland)
Coalition talks ensued simultaneously with the presidential elections. However, the severity of the campaign attacks
and the willingness of PiS to court the populist vote had soured the relationship between the two largest parties and
made the creation of a stable coalition impossible. The ostensible stumbling blocks were the insistence of PiS that it
control all aspects of law enforcement: the Ministries of Justice and Internal Affairs, and the special forces; as well as
the forcing through of a PiS candidate for the head of the Sejm with help of several smaller populist parties. The PO
decided to go into opposition.
The new government enjoyed quite strong public support (as is, in fact, generally common in the first few months
after an election), while the popularity of the populist parties giving it support has significantly waned. With this
background, a parliamentary crisis appeared to loom in January 2006, with these small populist parties fearing that
PiS was about to force new elections (on which they would lose out) by using the pretext of failing to pass the budget
within the constitutional timeframe. However, this crisis appears to have abated.
In July 2006, following a rift with his party leader, Jarosław Kaczyński, Marcinkiewicz tendered his resignation as
Prime Minister and was replaced by Kaczyński, who formed a new government. This government lasted until
October 2007, when Donald Tusk's PO gained the lead again, and Kaczýnski announced to go into opposition. On
10 April 2010, several members of the political elite were killed in an air crash outside of Pechyrsk, Smolensk
Oblast, Russia
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As a member state that forms part of the EU's external border, Poland has implemented the strict Schengen border
rules to restrict illegal immigration and trade along its eastern borders with Belarus and Ukraine
REFUGEES AND INTERNALLY DISPLACED PERSONS (IDP)
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None reported.
Despite diligent counternarcotics measures and international information sharing on cross-border crimes, a major
illicit producer of synthetic drugs for the international market; minor transshipment point for Southwest Asian heroin
and Latin American cocaine to Western Europe
HUMAN RIGHTS STATEMENTS, ANALYSIS AND CRITIQUES
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2009 Human Rights Report: Poland
Bureau of Democracy, Human Rights, and Labor
2009 Country Reports on Human Rights Practices
March 11, 2010
Poland is a republic with a multiparty democracy and a population of approximately 38.5 million. The bicameral National Assembly
consists of an upper house, the Senate (Senat), and a lower house (Sejm). Executive power is shared among the prime minister, the
Council of Ministers, the president, and the Sejm. The 2007 preterm National Assembly elections and the 2005 presidential election
were both considered free and fair. The prime minister governs in a coalition with a smaller political party. Civilian authorities
generally maintained effective control of the security forces.
The government generally respected the human rights of its citizens.
- Prison conditions, however, remained poor and overcrowded;
- the judicial system was inefficient and resulted in lengthy pretrial detentions.
- There were occasional nonviolent incidents of anti-Semitism, police misconduct, and corruption in the government and
society.
- There was discrimination against women in the labor market, sexual exploitation of children, trafficking in women and
children, and societal discrimination and violence against ethnic minorities and gays and lesbians.
- Violations of workers' rights and antiunion discrimination were also problems.
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2 December 2009
Committee on Economic, Social and Cultural Rights
Forty-third session
Geneva, 2–20 November 2009
Consideration of reports submitted by States parties under articles 16 and 17 of the Covenant
Concluding observations of the Committee on Economic, Social and Cultural Rights
Poland
A. Introduction
2. The Committee welcomes the submission of the fifth periodic report of Poland and the written replies to its list of issues (E/C.
12/POL/Q/5/Add.1), both of which contained comprehensive and detailed information on the situation in the State party.
3. The Committee welcomes the opportunity to engage in an open and constructive dialogue with the State party, and notes with
appreciation the attendance by a large and multisectoral delegation, as well as the responses it provided to the Committee’s oral
questions.
B. Positive aspects
4. The Committee welcomes the progress achieved by the State party in advancing the enjoyment of economic, social and cultural
rights in the State party since the consideration of its previous periodic report by the Committee, including the considerable
improvement in the standard of living.
5. The Committee welcomes the adoption of measures, legislative and otherwise, by the State party that have contributed to the
realization of the economic, social and cultural rights enshrined in the Covenant.
C. Principal subjects of concern and recommendations
8. The Committee is deeply concerned that the State party still views the Covenant as programmatic, aspirational and not justiciable.
The Committee remains concerned that the State party has not yet taken the necessary measures to ensure that the Covenant is
given full effect in its domestic legal order, especially in the light of the decision of the Supreme Court in 2000 to the effect that the
Covenant provisions could not be invoked by individuals before national courts.
The Committee reiterates its position that all the Covenant rights are fully justiciable and urges the State party to take the necessary
measures, in line with its general comment No. 9 on the domestic application of the Covenant, to ensure that the provisions of the
Covenant are made justiciable and that effective remedies are available to victims of violations of economic, social and cultural
rights.
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Freedom In The World 2009 Report
Political Rights Score: 1
Civil Liberties Score: 1
Status: Free
The Polish parliament ratified the Lisbon Treaty on European Union structural reform in April 2008, but President Lech Kaczynski,
who generally opposed closer EU integration, refused to grant his final approval throughout the year. Nevertheless, the president
and Prime Minister Donald Tusk of the pro-EU Civic Platform party agreed on a missile defense pact signed with the United States
in August, and Kaczynski appeared to drop his resistance to plans for Poland to adopt the euro currency after the global economic
downturn took root in the fall.
Some 55 percent of eligible voters turned out for the polls, the highest rate since the fall of communism, and handed victory to the
center-right Civic Platform (PO) party. The PO won 209 seats in the Sejm, followed by PiS with 166, the Left and Democrats
(LiD) coalition with 53, and the Polish People’s Party (PSL) with 31. The PO and PSL formed a coalition government in
November, with PO leader Donald Tusk as prime minister.
The relationship between Tusk and Lech Kaczynski remained tense in 2008, as the president resisted the government’s generally
pro-EU policy initiatives. The biggest conflict involved ratification of the Lisbon Treaty on structural reform of the EU and the
accompanying Charter of Fundamental Human Rights, which the PiS felt would infringe on Polish sovereignty and potentially allow
more legal abortions, same-sex marriage, and euthanasia. The parliament ratified the treaty with PiS support in April after Tusk
pledged to reaffirm the supremacy of Poland’s constitution and laws over EU laws, though the president refused throughout the
year to grant final approval. In October, Tusk’s government laid out plans for Poland to adopt the euro currency by 2012.
President Kaczynski appeared to back away from demands for a referendum on the issue after the country’s existing currency, the
zloty, lost value amid the global economic downturn.
Separately, Poland signed a missile defense pact with the United States in August. Tusk’s government had pressed for additional
military assistance in return for hosting a planned U.S. antiballistic missile base, but final negotiations were reportedly accelerated
after Russia’s invasion of Georgia that month raised security concerns in Poland.
Poland is an electoral democracy. Voters elect the president for five-year terms and members of the bicameral National Assembly
for four-year terms. The president’s appointment of the prime minister is subject to confirmation by the 460-seat Sejm, the
National Assembly’s lower house. The prime minister is responsible for most government policy, but the president also has an
important role, especially in foreign relations. The 100-member Senate, the upper house, can delay and amend legislation but has
few other powers.
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Poland: Briefing to the UN Committee on Economic, Social and Cultural Rights; 43rd Session,
1 November 2009
1. Introduction
Amnesty International is submitting this briefing to the UN Committee on Economic, Social and Cultural Rights (the Committee) in
view of its forthcoming examination of Poland’s fifth periodic report on the implementation of the International Covenant on
Economic, Social and Cultural Rights (the Covenant) during its 43rd session between 2-20 November 2009.
The briefing focuses on concerns about law, its implementation and policy in Poland which restrict the enjoyment by women and
girls of their right to the highest attainable standard of physical and mental health, without discrimination, in particular their
reproductive rights.
In Amnesty International’s view, limitations on access to reproductive health care for women and girls; the criminalization of
individuals for carrying out or assisting in carrying out abortions outside of these limits; and the lack of an effective remedy to
challenge decisions of doctors effecting the rights of women to and girls to access to reproductive health services available within
the law have all impeded the enjoyment by women of their rights to the highest attainable standard of health without discrimination,
as well as their dignity, and their rights to life, to freedom from torture and other ill-treatment, and to private life.
The situation is such that:
* Women are having difficulty accessing abortion services within the health system when permitted by law. Women are
experiencing pain and suffering, and in some cases loss of life, as a direct result of the deliberate denial of medically indicated
treatment to pregnant women.
*Medical service providers and health institutions are not being held accountable for the denial of access to lawful health services
and the consequences of that denial on the health and lives of women.
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UN: Mixed Results for New Review Process
States Avoid Serious Discussion of Rights in Algeria, Tunisia
April 18, 2008
(Geneva) – The first session of the new country review mechanism of the UN Human Rights Council was undermined by
inconsistencies and the timidity of some governments in reviewing others, Human Rights Watch said today. On April 18, 2008 the
council concluded a two-week session in which it examined the records of 16 countries as part of the new Universal Periodic
Review (UPR) process.
“The review’s greatest strength was to be its universality, with all countries facing scrutiny regardless of their region, size, or
influence,” said Juliette de Rivero, Geneva advocacy director at Human Rights Watch. “But some council members politicized their
approach and applied different standards to each country under review.”
Some states seemed determined to tread softly, and others failed to intervene at all in the process. Only 14 of the 27 EU member
states spoke during the two-week review session.
“States often pulled their punches, apparently hoping that nice comments now would be echoed when they face review,” de Rivero
said. “States need to focus on how the review can help victims the world over, rather than how they can help themselves.”
The Human Rights Council was created in 2006 to replace the much-criticized Commission on Human Rights, and the UPR is its
most innovative and ambitious instrument. Though a number of UN expert committees exist to monitor human rights issues like
torture and racism, they are only able to address the situation in countries that choose to put themselves forward for consideration.
By contrast, the UPR is universal and will review the situation in all 192 UN member states over a four-year cycle.
In its first session the council reviewed India, the Philippines, South Africa, and the UK, as well as Algeria, Argentina, Bahrain,
Brazil, the Czech Republic, Ecuador, Finland, Indonesia, Morocco, the Netherlands, Poland, and Tunisia.
The mixed quality of the assessments directly reflected the willingness of states to engage fully with the process, both when asking
questions and when being reviewed. Where states were open to discussion and willing to talk about difficult subjects, the reviews
were very productive; where they were not, the reviews were misleading and disconnected from the situation on the ground. It is
therefore the responsibility of states that are committed to human rights to do more to ensure that the reviews are meaningful.
“The review can only help to end abuses if states take their responsibilities seriously instead of hiding behind pleasantries,” de
Rivero said.
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Statement by H.E. Mr. Lech KACZYŃSKI President of the Republic of Poland
at the General Debate of the 64th Session of the General Assembly of the United Nations
23 September 2009
New York
Ladies and Gentlemen,
During the past few years the United Nations has been placing a strong emphasis on climate change. A lot has been said about this
issue here today, so I do not want to sound repetitive. However, I would like to underscore that this is a very important issue, one
which requires a lot of sensitivity on our side. As the more affluent countries want to strongly engage to protecting the world’s
climate, they must realize that the weaker countries need assistance in doing the same. As this by all means very legitimate goal should
not be pursued in such a way that it helps some countries develop, while it hinders the development of others. We should always bear
this in mind. We should do so for the sake of solidarity among all nations, remembering about the goals for which the United Nations
was established sixty-four years ago.
Last but not least, let me address one more issue, one less talked about today. Besides piracy, international terrorism poses a serious
problem today. The situation which we see developing in some countries, like Afghanistan and Pakistan, seems to confirm that this is
indeed the case.
Terrorism has its sources, but not all of them are linked to extremist ideologies. We realize that objective premises also exist. In this
regard, the United Nations could play a greater role than it did in the past. Poland is a member of the North Atlantic Treaty and is very
much involved in out of area operations. We acknowledge that the legitimacy of the United Nations for this type of operations is the
only legitimacy, in light of the international law, which may be considered as fully and one hundred percent sufficient. This is very
important today and it will continue to be so in the future, because we have to realize that conflicts, crises and the problem of
terrorism will not be resolved within a few years.
We have heard it said many times today that the United Nations is about to embark on a new phase. I believe that it will be yet another
phase of its greatness, for its history is marked with such periods; I trust that this great global experiment, which on numerous
occasions has passed the test, will succeed again on a global scale and in many decades to come.
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TRANSLATED FROM POLISH BY GOOGLE TRANSLATE
Communication from the Office of the Ombudsman
12 April 2010
In accordance with Article. Paragraph 20. 4 of the Act of 15 July 1987 on the Ombudsman (Journal of Laws of 2001 No. 14, item.
147, as amended.) Ombudsman determines tasks Deputy Ombudsman. In carrying out this provision Ordinance No. 7 / 2007 of 31
October 2007 on the challenges that the Deputy Ombudsman Civil Rights Deputies described the task. According to § 1. 2
paragraph 1 of that arrange the tasks of the Deputy Ombudsman must Stanislaus Trociuka guiding the work of the Ombudsman's
Office during the absence of the Ombudsman Civil Rights. By virtue of § 3 to the order of the Deputy Ombudsman
Citizens are also entitled to bring legal remedies and with proposals referred to in Article. And Article 14. 16 Law on the
Ombudsman for Civil.
In connection with the tragic death of the Ombudsman, Dr. Janusz Kochanowski in a plane crash on 10 April 2010, using the
established above legal norms Deputy Ombudsman took Stanislaw Trociuk guiding the work of the Ombudsman's Office.
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TRANSLATED FROM POLISH BY GOOGLE TRANSLATE
Human rights standards also in missions abroad
Marek Antoni Nowicki 08-04-2010
The fact that the ruling of the Court of Human Rights in the UK may also be relevant to Polish - said the lawyer, the President of
the Advisory Board of Human Rights in Kosovo
author: Paul Knob
Source: Rzeczpospolita
The argument that the state has certain obligations under the European Convention on Human Rights (Convention) exclusively in its
territory, could be generally accepted. From this principle, however, significant exceptions. One of them refers to a situation in
which the result of military intervention - regardless of whether legal or taken from the International naruszeniem prawa - państwo
będące stroną konwencji rzeczywistą kontrolę take over a territory outside its borders. Then you may receive to ensure that people
living there under the Convention rights and freedoms in a way similar to their own country's citizens - the occupying forces.
For example, British.
That must be interpreted as state obligations under the Convention, clearly realized the Brits last judgment rendered by the Court of
Human Rights in Strasbourg on the events of the intervention of the coalition led by the United States in Iraq in 2003 and the
occupation of that country by the armed forces of countries comprising it, including the UK (al Saadoon and Mufdi - Case of 2
March 2010).
In southern Iraq, British forces arrested two Iraqis suspected of killing the soldiers. Transferred to their first Americans, and after a
few months put in their military detention. They remained until their transfer to Iraqi courts available in late 2008 as the first
detainees were held for security reasons "without any specific formal objections. After the release by the court in Basra in 2006, the
arrest warrant had been retrained on the "arrested in connection with the criminal process."
The Court emphasized that in the period when they were arrested, Britain was the occupying force in Iraq. Arrests, in which two
Iraqis were detained, were created in Iraq following the military action involving such British forces. For a moment arrested
remained completely under their control. It was initially based on facts arising from the occupation and then it was legally
sanctioned. In particular, the order of June 2004 provided that all the objects in the hands of the Multinational Force (MNF),
including arrests, are inviolable and remain under the exclusive control and authority of the MNF. Formally changed the situation
until the end of 2008 in those circumstances the Court found that due to the complete and exclusive - the actual and legal - the
control exercised by Great Britain over the detention in the occupied territory had to be careful that the people that were in them
kept, found themselves in this way under the jurisdiction of the authorities of that country. This in turn meant the obligation to
comply with the UK against them all the guarantees under the Convention.
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The Polish state was born in 966 with the baptism of Mieszko I, duke of the Slavic tribe of Polans and founder of the
Piast dynasty. His conversion from paganism to Christianity was Poland's first recorded historical event. By 990,
when Mieszko officially submitted to the authority of the Holy See, he had transformed his country into one of the
strongest powers in Eastern Europe.In the period following its emergence in the 10th century, the Polish nation was
led by a series of strong rulers who created a strong Central European state and integrated Poland into European
culture. Formidable foreign enemies and internal fragmentation eroded this initial structure in the thirteenth century,
but consolidation in the 1300s laid the base for the dominant Polish Kingdom that was to follow. The Jagiellon
dynasty 1385–1569 formed the Polish-Lithuanian union beginning with the Lithuanian grand duke Jogaila. The
partnership proved profitable for the Poles and Lithuanians, who played a dominant role in one of the most powerful
empires in Europe for the next three centuries. The Nihil novi act adopted by the Polish Sejm (parliament) in 1505
transferred most legislative power from the monarch to the Sejm. This event marked the beginning of the period
known as "Nobles' Commonwealth" when the state was ruled by the "free and equal" Polish nobility (szlachta). The
Lublin Union of 1569 established the Polish-Lithuanian Commonwealth as an influential player in European politics
and a vital cultural entity. By the 18th century the nobles' democracy had gradually declined into anarchy, making the
once powerful Commonwealth vulnerable to foreign influence. Eventually the country was partitioned by its neighbors
and erased from the map in 1795. Although the majority of the szlachta were reconciled to the end of the
Commonwealth in 1795, the idea of Polish independence was kept alive by events inside and outside of Poland
throughout the 19th century. Poland's location in the very centre of Europe became especially significant in a period
when both Prussia and Russia were intensely involved in European rivalries and alliances and modern nation states
were established over the entire continent. Poland regained its independence in 1918, but the Second Polish
Republic was destroyed by Germany in the Invasion of Poland at the beginning of the Second World War.
Nonetheless the Polish government in exile never surrendered and managed to contribute significantly to the Allied
victory. Nazi Germany's forces were forced to retreat from Poland as the Soviet Union Red Army advanced, which
led to the creation of People's Republic of Poland, a Soviet satellite state. In October 1978, the Archbishop of
Kraków, Cardinal Karol Józef Wojtyła, became Pope John Paul II, head of the Roman Catholic Church. Polish
Catholics rejoiced at the elevation of a Pole to the papacy and greeted his June 1979 visit to Poland with an
outpouring of emotion. On 31 August 1980, workers at the Lenin Shipyard in Gdańsk, led by an electrician named
Lech Wałęsa, signed a 21-point agreement with the government that ended their strike. Similar agreements were
signed at Szczecin and in Silesia. The key provision of these agreements was the guarantee of the workers’ right to
form independent trade unions and the right to strike. After the Gdańsk agreement was signed, a new national union
movement "Solidarity" swept Poland .On December 12–13, the regime declared martial law, under which the army
and ZOMO riot police were used to crush the union. Virtually all Solidarity leaders and many affiliated intellectuals
were arrested or detained. The United States and other Western countries responded to martial law by imposing
economic sanctions against the Polish regime and against the Soviet Union. Unrest in Poland continued for several
years thereafter. In a series of slow, uneven steps, the Polish regime rescinded martial law. In December 1982,
martial law was suspended, and a small number of political prisoners were released. Although martial law formally
ended in July 1983 and a general amnesty was enacted, several hundred political prisoners remained in jail. In July
1984, another general amnesty was declared, and two years later, the government had released nearly all political
prisoners. The authorities continued, however, to harass dissidents and Solidarity activists. Solidarity remained
proscribed and its publications banned. Independent publications were censored. Solidarity, was able to enforce a
peaceful transition from communist state to democracy, which resulted in the creation of the modern Polish state. In
late 1980s the government was forced to negotiate with Solidarity in the Polish Roundtable Negotiations. The Polish
legislative elections, 1989 become one of the important events marking the fall of communism. After 1989 Poland
became one of the newer European democracies and adopted a market-based economy. The shock therapy
Balcerowicz Plan during the early 1990s enabled the country to transform its economy into one of the most robust in
Central Europe. Poland joined NATO on May 27, 1999 and the European Union on May 1, 2004. Over the past
millennium, the territory ruled by Poland has shifted and varied greatly. At one time, in the 16th century, Poland was
the second largest state in Europe, after Russia. At other times there was no separate Polish state at all. Poland
regained its independence in 1918, after more than a century of rule by its neighbours, but its borders shifted again
after the Second World War.
Sources: Wikipedia History of Poland


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Waldemar Pawlak
Deputy Prime Minister
since 16 November 2007
Grzegorz Schetyna
Deputy Prime Minister
since 16 November 2007
None reported.