The System Of Judicial Appointment In Poland – A Question Of The Legitimacy Of The Judicial Power

Abstract

According to the Polish Constitution the judges of the common courts1 and the Supreme Court are appointed by the President of the State on request of the National Council of the Judiciary. The practice of the appointment of the judges by the President of Poland was simple. The President was always following the decision of the National Counsel of the Judiciary and the appointment procedure has been driven without delays. The questionable practice of President Kaczynski uncovers the real problem of the judicial appointment in Poland. The system of the appointment of the judges gives enormous power to the judges themselves. The notion of judge in different legal systems does not mean necessarily the same. It is true, that on a very general level all judges have to fulfill a comparable function. The process of appointment has relevance from the perspective of the judicial independence. Keywords: judicial appointment; Polish constitution; president Kaczynski