In Poland the courts, with the Supreme Court at their head, together with the independent State Tribunal and Constitutional Tribunal, ensure the independence of the judiciary.
The Supreme Court
The Supreme Court supervises the adjudication in:
- General courts - these are district, voivodeship, and appeal courts. They adjudicate in the areas of civil, criminal, family and labour law.
- Military courts - that is circuit and garrison courts. They deal with matters relating to crimes committed by soldiers in active service, civilian employees in military units, and prisoners of war.
- Administrative courts - a separate court system which deals with adjudication on the legal compliance of decisions taken by administrative bodies. It also settles cases between legal persons (corporations) or private citizens and administrative bodies.
The Supreme Court is the court of last resort of appeal against judgements in the lower courts. It also passes resolutions to clarify specific legal provisions and resolve disputable questions in specific cases.
The President of the Republic of Poland appoints Supreme Court judges. This is done upon a motion of the National Judicial Council. The President also selects the First President of the Supreme Court from candidates presented by the General Assembly of the Supreme Court of Justice. The First President of this Court holds office for a six-year term, though he or she may be dismissed by Sejm upon a motion by the President of the Republic of Poland.
The Constitutional Tribunal
The Constitutional Tribunal is a judicial body established to resolve disputes on the constitutionality of the activities of state institutions; its main task is to supervise the compliance of statutory law with the Constitution of the Republic of Poland. The Constitutional Tribunal adjudicates on the compliance with the Constitution of legislation and international agreements (also their ratification), on disputes over the powers of central constitutional bodies, and on compliance with the Constitution of the aims and activities of political parties. It also rules on constitutional complaints.
The Constitutional Tribunal is made up of 15 judges chosen by Sejm for nine-year terms. They are fully independent. The Constitutional Tribunal constitutes one of the formal guarantees of a state grounded on the rule of law.
The State Tribunal
It is the judicial body, which rules on the constitutional liability of people holding the highest offices of state. It examines cases concerning the infringement of the Constitution and laws or crimes committed by the President of the Republic of Poland, members of the government , the President of the Supreme Chamber of Control, the President of the National Bank of Poland, heads of central administrative offices and other senior state officials.
The State Tribunal is empowered to rule for the removal of individuals from public office, to impose injunctions on individuals against their appointment to senior offices, to revoke an individual's right to vote and to stand for election, to withdraw previously awarded medals, distinctions, and titles of honour, and in criminal cases to impose penalties stipulated in the criminal code.
The composition of the State Tribunal is established at the first sitting of each new Sejm and is binding for its term. The head of the office is the First President of the Supreme Court. His two deputies and 16 members of the State Tribunal are chosen from outside the Sejm. Members of the State Tribunal must hold Polish citizenship, may not have a criminal record or have had their civic rights revoked, nor may they be employed in the state administration.
