Krajowa Izba Odwoławcza jako niezawisły organ sądowy
The National Appeals Chamber as an independent judicial authority

Summary/Abstract: The present article attempts to test the proposition that the National Appeals Chamber (NAC) is an independent judicial authority. Although the Court of Justice adjudged the National Appeals Chamber to be a judicial authority, and Polish legislation deems NAC members to be independent, the status of the Chamber itself seems complicated. To test the proposition in question, an attempt was made to provide a definition of a ‘judicial authority’, and of ‘independence’ as an attribute of the National Appeals Chamber. A further question was asked about what it means for the status of the Chamber that under Public Procurement Law it is literally NAC members who are independent rather than the Chamber itself. Subsequently, an analysis was made of the means of ensuring independence present in the existing regulations, such as the organisational and functional mechanisms of independent operation, solutions aiming to guarantee security of tenure, self-reliance, as well as suitable procedural guarantees and possibilities of continuous training.

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