The position of the judge in Poland within the judicial system

Abstract

The purpose of the article is to present the fundamental rules and regulations constituting the position of the judge in Poland, which finds its basis first of all in the regulations of the basic law interpreted over the years by the Constitutional Court, but now – in the norms of international law. Moreover, the author included his thoughts on the issues of the legitimization of judicial power and its relationship with the legislative and the executive. He also referred to the ongoing discussions on the status of the National Council of the Judiciary as a constitutionally-established body, whose task is to guarantee the independence of courts and the independence of judges in Poland. Furthermore, the article discusses the procedure and criteria of appointing a candidate to the position of a judge to different levels of the judiciary. It also deals with the basic elements guaranteeing the effectiveness of the principles of the independence of the judiciary such as neutrality, irremovability, incompatibility, immunity and the judge’s material status.