Judiciary of Poland

Judiciary of Poland is a responsibility, as defined by the constitution of Poland, of a four-tier court system: the Supreme Court of Poland, the common courts, administrative courts (including the Supreme Administrative Court of Poland) and military courts. Therefore, tribunals (such as the Constitutional Tribunal and State Tribunal) are, in a strict definition, not part of Polish judiciary, but in a broad definition, they are included in it.

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The common courts, divided into appellate courts, district courts and regional courts, have the competency in criminal, civil, economic, labor and family law.

Court judges in Poland are nominated by the Krajowa Rada Sądownictwa (National Council of the Judiciary) and are appointed for life by the president of Poland.

Prosecution in Poland is formed by the Public Prosecutor General, the National Public Prosecutor's Office, regional, district and appellate prosecutions, and the prosecutors of the Institute of National Remembrance.

The judiciary reforms carried out from 2017 to 2020 by the ruling Law and Justice party caused much controversy[1][2][3]. The ruling party is generally accused, in Poland as well as internationally, of trying to take control over the courts.[4] There were cases of judges being submitted to disciplinary action after issuing a ruling opposite to the party's interest or demands of the prosecutor in the particular case.[5][6][7][1][8][9]

Reforms of late 2010s
Main articles: Polish judicial disciplinary panel law and Protests against Polish judiciary reforms

A series of late 2010s reforms to the Polish judiciary have proven controversial.[10][11][12][13][14][15]

On Friday, 31 July 2020, Amsterdam judges from international division at Amsterdam court (IRK) said that "Poland’s courts are no longer independent of the government and the rule of law has been severely compromised" and asked the European Court of Justice to rule if "suspects can still be extradited to Poland or if that should now cease".[16]

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See also

References
  1. "Wymiar sprawiedliwości pod presją" (PDF). iustitia.pl. 3 March 2020. Archived from the original on 24 April 2020.
  2. "Poland's clash over justice system leaves courts in chaos". financial times. 24 January 2020. Archived from the original on 25 April 2020.
  3. "The reform of the justice system in Poland (the judiciary)" (PDF). anti-defarmation.pl. April 2018.
  4. "Poland could be forced to leave EU by its judicial reforms, top court says". euronews.com. 18 December 2019. Archived from the original on 25 April 2020.
  5. "Lista sędziów ściganych przez rzecznika dyscyplinarnego sądów powszechnych". oko.press (in Polish). 26 December 2018. Archived from the original on 24 April 2020.
  6. "Poland Is Purging Its Prosecutors". foreignpolicy.com. 11 October 2019. Archived from the original on 25 April 2020.
  7. ""Ustawa kagańcowa" wchodzi w życie. Wszystko, co trzeba o niej wiedzieć". Twitter. 13 February 2020. Archived from the original on 24 April 2020.
  8. "Nations in Transit 2020Dropping the Democratic Facade". freedomhouse. 2020. Archived from the original on 10 May 2020. In Poland, the governing Law and Justice (PiS) party has been waging a war against the judiciary in an attempt to convert it into a pliant political tool. After devoting its initial years in office to an illegal takeover of the country’s constitutional court and the council responsible for judicial appointments, the PiS government started persecuting individual judges in 2019. By early 2020, judges who criticized the government’s overhaul or simply applied European Union (EU) law correctly were subjected to disciplinary action. Such an attack on a core tenet of democracy—that there are legal limits on a government’s power, enforced by independent courts—would have been unimaginable in Europe before PiS made it a reality.
  9. "WAŻNE. Prokuratura Ziobry chce oskarżyć sędziego Igora Tuleyę za orzeczenie krytyczne wobec PiS". oko.press. Retrieved 2020-08-03.
  10. "L'Europe déclenche une procédure sans précédent contre le gouvernement polonais". LeMonde.fr. 20 December 2017. Retrieved 26 December 2017.
  11. "Poland Overhauls Judiciary, Escalating Clash With E.U." nytimes.com. 20 December 2017.
  12. "Poland cries foul as EU triggers 'nuclear option' over judicial independence". theguardian.com. 20 December 2017.
  13. "Poland lower house approves controversial judges law". BBC News. Retrieved 2019-12-21.
  14. "Poland's government steps up fight with judiciary | Financial Times". ft.com. Retrieved 2019-12-21.
  15. "Poland could be forced to leave EU by its judicial reforms, top court says". Euronews. Retrieved 2019-12-21.
  16. "Polish courts are no longer independent, Amsterdam judges say". www.dutchnews.nl. 31 July 2020. Archived from the original on 1 August 2020. Poland’s courts are no longer independent of the government and the rule of law has been severely compromised, judges in Amsterdam said on Friday.


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