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 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]

Polish Advocacy, Palestra (lawyers' and trainee lawyers' organisations) and Lawyers' High Council do not recognize the judgments of the suspended disciplinary chamber of the Supreme Court.[10]


One example of repression against independent judges is the case of January 18, 2021 when Polish deputy Prosecutor General moves several prosecutors active in professional associations critical of the government from their current workplace to new offices, mostly over 400km away. Some of them are people with kids in schools and with mortgage loans.[11][12][13]
European association of judges and public prosecutors - MEDEL association strongly condemns the decision and send a letter to EU Commission President Věra Jourová, Vice-President of EU Commission Ursula von der Leyen and to Didier Reynders EU Commissioner for Justice stated that "is not a coincidence that the majority of the transferred procutors are members of independent Lex Super Omnia a MEDEL member association, gathering independent and brave prosecutor who speak out about the situation in the prosecution service" and that they "express its full support and solidarty to the harassed procutors".[14][15]
Also Polish Polish Ombudsman Adam Bodnar intervened in the prosecutors delegated several hundred kilometers from home and there's children, and asked the Minister of Justice and Prosecutor General Zbigniew Ziobro for explanations.[16]

As a result of the events of January 18, 2021, 78 judges of the Supreme Court expressed their opposition to the harassment of prosecutors and judges and the operation of the so-called Disciplinary Chamber.[17][18]

380 lawyers, judges, prosecutors, attorneys, legal advisers and notaries stand up in defence for independent, persecuted prosecutors who were sent overnight to work hundreds of kilometers away.[19]

On 24 January 24, 2021 a group of 25 retired Constitutional Tribunal judges expressed her firm opposition to violation of the rule of law that have recently been applied to judges, prosecutors and the Polish Ombudsman. The judges criticized the words of Polish President Andrzej Duda who said that "...prosecutors can change their profession if they do not like the current situation". They also note that the violation of the constitutional principle of the independence of judges by the legislative and executive authorities is becoming more frequent.[20]

Reforms of late 2010s and consequences
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.[21][22][23][24][25][26]

Suspended extradition to Poland

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".[27] Also courts in Germany, Ireland, Slovakia and Spain, due to doubts as to the independence of courts in Poland, suspend the surrender of Polish citizens.[28]
Waiting for the outcomes of the question asked by IRK to the European Court of Justice, on 3 September 2020, the only Dutch court with jurisdiction to extradite and surrender foreign suspects residing in the Netherlands, announced that they will not longer enforce European Arrest Warrants to Poland, saying that: "on the basis that the Polish judiciary is no longer independent, and pending a ruling answering its preliminary questions concerning the consequences of the loss of judicial independence in Poland."[29][30]

EU: Art 7 procedure against Poland
Constitutional Tribunal of Poland

Since the elections won in 2015 and after a series of the judicial 'reforms' that given PiS direct government control over courts and takeover of the Constitutional Tribunal, the situation surrounding the rule of law in Poland have been widely criticized by European Union. In 2017 the European Commission has initiated the Article 7 of the Treaty on European Union against Poland which consequently may result in stop receive European funds and voting membership in the council.
In September 2020 the European Parliament adopted another resolution expresses concerns regarding the legislative and electoral system, the independence of the judiciary, and fundamental rights in Poland, in which were written that situation of independence of judiciary in Poland have gone worse since the activation of Article 7 and call Věra Jourová to take immediate actions. The resolution authors said that they are "deep concern over the recent arrest of 48 LGBTI activists in Poland, and criticize the Polish Episcopate's appeals for the therapeutic treatment of LGTBI persons." [31][32][33]

2020 Rule of Law Report

In the First Annual Report on the Rule of Law situation across the European Union published on 30 September 2020, the Commission recalls all its previous concerns about “The reforms, impacting the Constitutional Tribunal, the Supreme Court, ordinary courts, the National Council for the Judiciary and the prosecution service, have increased the influence of the executive and legislative powers over the justice system and therefore weakened judicial independence".
The main topics of criticism of Poland are: the fact that the Minister of Justice is at the same time the Prosecutor General, and expresses its concern with regards to the Central Anti-Corruption Bureau’s subordination to executive power, legal framework concerning media pluralism, the Commission raises concerns regarding the independence of the National Media Council and the National Broadcasting Council- two bodies tasked with regulating Polish media, It also points out that “the legal framework on media ownership transparency is not equally applicable to all media actors” and comments on the ruling coalition plans concerning possible legislative changes with regards to the concentration of foreign-owned media outlets. Also, the decision of certain regions to declare themselves to be ‘LGBTI-free zones’ has created serious doubts as to the capacity of the local authorities to fairly distribute EU funds among NGOs. The report also said about the important role plays by Polish Ombudsman in defending the rule of law and personal attacks against him from the ruling political majority in certain media outlets.[34][35]

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. "Adwokatura nie uznaje wyroków izby dyscyplinarnej Sądu Najwyższego". rp.pl. 9 October 2020. Archived from the original on 12 October 2020.
  11. ""48 godzin na przeorganizowanie całego życia". Krytyczni wobec Ziobry prokuratorzy przeniesieni". tvn24.pl. 18 January 2021. Archived from the original on 18 January 2021.
  12. "source1_twitter". twitter.com. 18 January 2021. Archived from the original on 18 January 2021.
  13. "Stanowisko Zarządu Stowarzyszenia Prokuratorów Lex Super Omnia z dnia 18 stycznia 2021 roku w sprawie szykan stosowanych wobec prokuratorów". lexso. 19 January 2021. Archived from the original on 19 January 2021.
  14. "Statement of @MedelEurope, condemning the decision of the Polish MoJ (acting as Prosecutor General) to transfer independent prosecutors hundreds of kms away from the places they live. A letter was also sent to @vonderleyen, @VeraJourovaand @dreynders, denouncing the situation". twitter.com. 20 January 2021. Archived from the original on 21 January 2021.
  15. "Statement of the Board of the Lex Super Omnia Prosecutors' Association of 18 January 2021 on the harassment of prosecutors". medelnet. 20 January 2021. Archived from the original on 20 January 2021.
  16. "RPO interweniuje ws prokuratorów oddelegowanych kilkaset kilometrów od domu i dzieci. Pyta prokuratora generalnego Zbigniewa Ziobrę". rpo.gov. 20 January 2021. Archived from the original on 20 January 2021.
  17. "Oświadczenie Sędziów Sądu Najwyższego: sprzeciw wobec szykan prokuratorów i sędziów oraz funkcjonowania Izby Dyscyplinarnej". konstytucyjny.pl. 21 January 2021. Archived from the original on 21 January 2021.
  18. "Oświadczenie 78 sędziów SN: Sprzeciwiamy się atakom na sędziów i prokuratorów". wyborcza.pl. 21 January 2021. Archived from the original on 21 January 2021.
  19. "Solidarność w imię prawa: 380 prawników broni prokuratorów zesłanych karnie przez Święczkowskiego". oko.press. 24 January 2021. Archived from the original on 24 January 2021.
  20. "Sędziowie TK krytykują słowa prezydenta o prokuratorach". rp.pl. 24 January 2021. Archived from the original on 24 January 2021.
  21. "L'Europe déclenche une procédure sans précédent contre le gouvernement polonais". LeMonde.fr. 20 December 2017. Retrieved 26 December 2017.
  22. "Poland Overhauls Judiciary, Escalating Clash With E.U." nytimes.com. 20 December 2017.
  23. "Poland cries foul as EU triggers 'nuclear option' over judicial independence". theguardian.com. 20 December 2017.
  24. "Poland lower house approves controversial judges law". BBC News. Retrieved 2019-12-21.
  25. "Poland's government steps up fight with judiciary | Financial Times". ft.com. Retrieved 2019-12-21.
  26. "Poland could be forced to leave EU by its judicial reforms, top court says". Euronews. Retrieved 2019-12-21.
  27. "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.
  28. "Sąd w Norymberdze nie wyda ściganego Polaka. Powodem obawy o niezawisłość sądów w Polsce". oko.press. 25 August 2020. Archived from the original on 25 August 2020.
  29. "IRK legt alle overleveringen naar Polen voorlopig stil". rechtspraak.nl. 3 September 2020. Archived from the original on 4 September 2020.
  30. "Dutch court announces no extraditions to Poland due to lack of Polish judiciary's independence". eulawlive.com. 4 September 2020. Archived from the original on 4 September 2020.
  31. "EP adopts resolution on rule of law in Poland". thefirstnews. 17 September 2020. Archived from the original on 18 September 2020.
  32. "Poland: Council has to "finally act" to protect minorities and the rule of law". europarl.europa.eu. 17 September 2020. Archived from the original on 18 September 2020.
  33. "Rule of law situation in Poland has deteriorated -European Parliament". REUTERS. 17 September 2020. Archived from the original on 18 September 2020.
  34. "2020 Rule of Law Report Country Chapter on the rule of law situation in Poland" (PDF). ec.europa.eu. 30 September 2020.
  35. "Rule of law: First Annual Report on the Rule of Law situation across the European Union". ec.europa.eu. 30 September 2020.


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