Resolution No 1
of the Extraordinary Congress of the Polish Judges
Judges participating in the Extraordinary Congress of the Polish Judges draw the attention of the public opinion to the role of judicial power as a guarantor of the right to be heard before a court as enshrined by the Constitution of the Republic of Poland and of the respect towards civic rights and freedoms, which is significant for each citizen.
The judicial power is equal in power to the legislative and executive powers. Mutual interaction (balance) of the powers constitutes the basis of the political system of the Republic of Poland (Article 10 of the Constitution of the Republic of Poland).
For many years, we have been witnessing that the legislative and executive powers have been taking steps aimed at subordinating the judicial power. Recently, this process has been significantly intensified.
Such steps include gradual limitation of the rights of judiciary self-government in courts of law, strengthening of the executive power`s supervision over courts of law and subordinating the interpretation of basic systemic provisions on the judiciary and tribunals to current political interests.
In order to fight against the aforementioned phenomena with a view to protect and strengthen the separation of powers rule, we request that:
- administrative supervision over common courts of law and military courts be entrusted to the First President of the Supreme Court,
- possibility to delegate judges to work in the Ministry of Justice be excluded,
- a national body of judiciary self-government representing judges, entitled to express opinion on behalf of the entire judiciary environment, be established.
In order to guarantee the right of each citizen to be heard before an independent court where an impartial judge adjudicates, we postulate that:
- the rule be established that courts of law may be established and liquidated only by means of a statutory act,
- the influence of political factor on the selection and appointment of judges, including also the judges of the Constitutional Tribunal, be limited,
- the rights of judiciary self-government be extended.
In order to guarantee the citizens right to fair and efficient court proceedings, it is necessary to:
- limit the procedural role of courts and the scope of activities reserved for judges and to simplify procedures,
- to define the scope of professional duties of a judge in such a manner that they could be performed within the time compliant with the provisions of the Labour Code,
- to respect the rule of protecting rights acquired by judges in the event of changes in the structure of the judiciary and its functioning.
We urge the public opinion and representatives of the media to support efforts of the judiciary environment aimed at ensuring the balance of the legislative, executive and judicial powers to ensure the citizens of the Republic of Poland the constitutional right to an independent court.
We also urge all general assemblies of judges to adopt this resolution. We also call on the National Council of the Judiciary of Poland to convene a meeting of the representatives of general assemblies of judges of respective circuits and to summon the convention of the Congress of Polish Lawyers.
We call on the representatives of the executive power and the legislative power to engage in a real dialogue with the judiciary environment.