Replacement of the Supreme Court Judges: Legal Crisis in Poland

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Understanding the Basics around the Development

A. SUPREME COURT OF POLAND

The announcement of the Speaker of the Sejm, Republic of Poland dated February 8, 2013, which states about the formation of the Supreme Court as mentioned below:

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B. WHO IS ELIGIBLE TO PERFORM FUNCTIONS OF A JUSTICE?

A justice as per Article 21 of the aforesaid announcement is appointed by the President of Republic of Poland upon the motion of the National Council of Judiciary. The person eligible to be justice includes:

  • A Polish citizen who enjoys’s full civil and public rights
  • A person of integrity
  • A Polish university graduate with background in law and has obtained Master’s degree or is a graduate of a foreign university with a background of law that is recognised in Poland
  • Is distinguished by high level of juridical knowledge
  • Is fit, as regard to health condition, to perform the justice duties
  • Has served at least 10 years as a judge, public prosecutor, President, Vice President. Senior Advisor or Advisor to Public Prosecutor’s office of the State Treasury or has worked as an advocate for such period in Poland as an advocate, legal advisor or notary public.

The requirements mentioned above shall not apply if the persons are employed by:

  • Polish higher institutions
  • Polish Academy of Sciences
  • Sciences Research Institutes
  • Any other research institutes as professors or doctors habilitated by law.

 


REFERENCES

1.bs00554_Supreme Court of Poland Website

2. http://www.sn.pl/en/about/SiteAssets/Lists/Status_prawny_EN/EditForm/consolidated_text_of_the_Act_on_the_Supreme_Court.pdf

 

Published :
July 27, 2017
Practice Area :