Supreme Court (Poland)
 |
|
| State level | Central |
|---|---|
| position | Constitutional body |
| founding | 1917 |
| Headquarters | Warsaw |
| Chair |
Małgorzata Manowska (since May 25, 2020) |
| Website | sn.pl/ |
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The Supreme Court ( Polish: Sąd Najwyższy ) is the highest authority in civil and criminal matters in the Republic of Poland . As the highest court, the court decides in proceedings under ordinary and, until 2018, also military jurisdiction. In addition to the appeal of the ordinary judiciary, there is the constitutional court , which basically only examines the violation of constitutional law.
history
The Supreme Court followed on from the Court of Cassation of the Principality of Warsaw from Napoleonic times. It started working as the Royal Imperial Supreme Court ( Królewsko-Cesarski Sąd Najwyższy in Polish ) during the First World War in 1917 . The Axis Powers appointed Stanisław Pomian-Srzednicki as the first court president . After Poland gained full independence in 1918, the Supreme Court was reformed by decree of February 8, 1919 and many judges who were considered loyal to the emperor were dismissed.
After the German invasion of Poland, the Supreme Court ceased its work. After the Second World War, the Supreme Court was reinstated with new judges who were now under Soviet leadership. Its competencies were re-regulated with laws of 1962 and 1984. At the turn of 1989, the Supreme Court was dissolved and re-established, but for the most part with the old judges from the communist era.
In 2002 a new legal basis was created for the organization of the Supreme Court, replacing the old one from 1984. A new reform passed by parliament in 2017 failed due to the president's veto. President Andrzej Duda presented his own reform law, which came into force in 2018 after it was passed by parliament. It is the subject of intense political controversy in Poland. In particular, the lowering of the retirement age for judges of the Supreme Court from 70 to 65 for judges and to 60 for female judges as well as the participation of lay judges in the sessions of the Supreme Court are controversial.
Legal basis
The legal basis for the jurisdiction and activity of the Supreme Court is the Polish Constitution, the Law on the Supreme Court and the Presidential Decree on the Organization of the Supreme Court.
Judge
The President of Poland appoints the judges of the Supreme Court at the request of the State Judicial Council. Like all judges in Poland, Supreme Court judges enjoy criminal immunity. 120 judges' posts are planned.
organs
The organs of the Tribunal include the First President of the Tribunal, the Presidents of the Tribunals of each Chamber, the General Assembly of Judges of the Supreme Court, the Assembly of Judges and the College.
First President of the Court
The First Court President is selected by the President from among five Supreme Court judges who are internally nominated as candidates by the General Assembly of the Supreme Court. His term of office is six years. He is also the chairman of the State Court of Justice . The current president is Małgorzata Manowska .
The list shows the presidents of the courts since 1917, with temporary office holders in italics :
| LNr. | Surname | Term of office |
|---|---|---|
| 1. | Stanisław Pomian-Srzednicki | September 1, 1917 - February 28, 1922 |
| 2. | Franciszek Nowodworski | March 1, 1922 - August 3, 1924 |
| 3. | Wladyslaw Seyda | September 22, 1924 - January 17, 1929 |
| 4th | Leon Supiński | January 17, 1929 - September 1939 |
| 5. | Waclaw Barcikowski | February 28, 1945 - February 12, 1956 |
| 6th | Jan Wasilkowski | December 12, 1956 - May 22, 1967 |
| 7th | Zbigniew Resich | May 23, 1967 - January 21, 1972 |
| 8th. | Jerzy Bafia | Jan. 21, 1972 - April 1, 1976 |
| 9. | Włodzimierz Berutowicz | April 1, 1976 - May 14, 1987 |
| 10. | Adam Łopatka | May 14, 1987 - June 30, 1990 |
| 11. | Adam Strzembosz | July 1, 1990 - October 17, 1998 |
| 12. | Lech Gardocki | October 17, 1998 - October 18, 2010 |
| 13. | Stanisław Dąbrowski | October 14, 2010 - January 9, 2014 |
| - | Lech Paprzycki | January 9, 2014 - April 30, 2014 |
| 14th | Małgorzata Gersdorf | April 30, 2014 - April 30, 2020 |
| - | Jozef Iwulski | 4 July 2018 - 12 September 2018 |
| - | Dariusz Zawistowski | 13 September 2018 - 31 December 2018 |
| - | Kamil Zaradkiewicz | May 1, 2020 - May 15, 2020 |
| - | Aleksander Stępkowski | May 15, 2020 - May 25, 2020 |
| 15th | Małgorzata Manowska | from May 25, 2020 |
Chambers
The Supreme Court has chambers for civil matters, criminal matters, labor and social security matters, extraordinary control and public matters, and disciplinary matters.
building
From 1917 to 1939 the Supreme Court sat in the Krasiński Palace , where the Court of Cassation of the Principality of Warsaw was already housed before 1812. The Supreme Court met in Łódź from 1945 to 1950 due to the destruction of Warsaw in World War II . From 1950 to 1999 it met in the building that is now used by the Warsaw Higher Regional Court. The Supreme Court has had its seat since 1999 in Krasiński Square, diagonally opposite the Krasiński Palace, which u. a. is known for its 86 Latin inscriptions .
budget
The Supreme Court budget is set in the annual budget. In 2019, the expenditure was around PLN 160 million and the income was PLN 0.26 million.
See also
literature
- L. Garlicki, Z. Resich, M. Rybicki, S. Włodyka: Sąd Najwyższy w PRL. Wroclaw-Warsaw-Krakow-Gdansk-Łódź 1983.
- M. Pietrzak: Sąd Najwyższy w II Rzeczypospolitej. Czasopismo Prawno-Historyczne, 1981.
- A. Rzepliński: Sądownictwo w PRL. Polonia Book, London 1990.
- S. Włodyka: Ustrój organów ochrony prawnej , Warsaw 1975.
Web links
-
Sąd Najwyższy website (Polish and English)
- Adam Lityński: History of the Court. In: SN.pl (English).
Footnotes
Coordinates: 52 ° 14 ′ 59.5 ″ N , 21 ° 0 ′ 18.7 ″ E