The position of the judge in Poland
within the judicial system Cover Image

The position of the judge in Poland within the judicial system
The position of the judge in Poland within the judicial system

Author(s): Michał Mistygacz
Subject(s): Politics / Political Sciences, Public Law
Published by: Wydział Nauk Politycznych i Studiów Międzynarodowych UW
Keywords: the judiciary; Constitution of the Republic of Poland; courts; judges; independence; National Council of the Judiciary

Summary/Abstract: The purpose of the article is to present the fundamental rules and regulationsconstituting the position of the judge in Poland, which finds its basis first of all in theregulations of the basic law interpreted over the years by the Constitutional Court, butnow – in the norms of international law. Moreover, the author included his thoughts onthe issues of the legitimization of judicial power and its relationship with the legislativeand the executive. He also referred to the ongoing discussions on the status of the NationalCouncil of the Judiciary as a constitutionally-established body, whose task is to guaranteethe independence of courts and the independence of judges in Poland. Furthermore, thearticle discusses the procedure and criteria of appointing a candidate to the position ofa judge to different levels of the judiciary. It also deals with the basic elements guaranteeingthe effectiveness of the principles of the independence of the judiciary such as neutrality,irremovability, incompatibility, immunity and the judge’s material status.

  • Issue Year: 58/2020
  • Issue No: 58
  • Page Range: 25-48
  • Page Count: 24
  • Language: English
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