National Judicial Council of the Kingdom of Poland

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National Judicial Council of the Kingdom of Poland (Krajowa Rada Sądownictwa Królestwa Polskiego)​

I. Purpose and Authority​

The National Judicial Council (NJC) is the constitutional body tasked with safeguarding the independence of the judiciary in the Kingdom of Poland. It advises the Crown, Parliament, and Ministry of Justice on matters related to the judicial system, and it plays a central role in the appointment, discipline, and ethical oversight of judges.

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II. Functions of the Council​

1. Judicial Appointments
   • Reviews and nominates candidates for judicial office to be formally appointed by the King.
   • Ensures that all nominees meet the highest standards of competence, integrity, and impartiality.
2. Ethics and Discipline
   • Investigates complaints or ethical violations involving members of the judiciary.
   • Recommends disciplinary measures or removal in cases of serious misconduct.
3. Safeguarding Independence
   • Monitors and reports on threats to judicial independence from other branches of government or external actors.
   • Advises Parliament and the Crown on legislation affecting the judiciary.
4. Judicial Administration
   • Consults on court organization, performance, and internal regulations.
   • Coordinates with the Ministry of Justice on training, evaluation, and judicial resources.
5. Constitutional Consultation
   • May submit legal opinions to the Constitutional Tribunal regarding judicial matters and constitutional interpretation.

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III. Composition​

The NJC consists of 17 members:

• 1 Chairperson, elected by and from among the Council’s members
• 4 Judges of the Supreme Court, elected by their peers
• 2 Judges from Appellate Courts, elected by appellate judges
• 2 Judges from Lower Courts, elected by lower-court judges
• 1 Representative of the Constitutional Tribunal, appointed by the Tribunal
• 1 Representative of the Council of State (if constituted), or a senior legal advisor appointed by the King
• 2 Law Professors, nominated by recognized law faculties and elected by the Sejm
• 2 Advocates or Legal Counsels, elected by national bar associations
• 2 Members of the Sejm, from different political parties
• 1 Minister of Justice, ex officio (without voting rights)

All members, except the Minister of Justice, serve non-renewable six-year terms.

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IV. Appointment and Eligibility​

• Members must be Polish citizens of high moral character with no criminal convictions.
• Judges must have at least 10 years of service.
• Professors must hold a habilitated doctorate or equivalent.
• Bar representatives must have at least 15 years of legal practice.
• Political representatives must recuse themselves from disciplinary decisions.

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V. Decision-Making and Operations​

• The Council meets monthly, or more frequently as needed.
• Decisions require a two-thirds majority in ethical or disciplinary matters, and a simple majority for administrative resolutions.
• All deliberations are documented and subject to public transparency unless confidentiality is necessary for judicial integrity or national security.

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VI. Oversight and Accountability​

• The Council submits an annual report to the King, Parliament, and Constitutional Tribunal.
• It may be summoned to appear before Parliament for testimony on the state of the judiciary.
• Members may be removed before the end of their term only by a vote of two-thirds of the Council itself or upon ruling of incapacity or misconduct by the Constitutional Tribunal.

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VII. Constitutional Basis​

Established under Article 23 of the Constitution of the Kingdom of Poland, the National Judicial Council is indispensable to maintaining an impartial, competent, and independent judiciary serving under the Crown and Constitution.

 

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Code of Ethics for Judges of the Kingdom of Poland​

Adopted by the National Judicial Council
Effective as of October 1st, 1996​

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Preamble​

The role of a judge in the Kingdom of Poland is one of the highest responsibility in society. Judges are entrusted with the duty to uphold justice, protect rights, and ensure fairness before the law. As impartial arbiters, judges must embody the highest standards of ethics and conduct to preserve public confidence in the judiciary.

This Code of Ethics sets forth the principles that all judges in the Kingdom of Poland must uphold, ensuring a judiciary that is independent, unbiased, and committed to serving the rule of law and the people.

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I. General Principles​

1. Impartiality and Fairness
   • A judge shall decide each case solely on the basis of the facts presented and the law, without personal bias, preference, or prejudice.
   • Judges must avoid any appearance of partiality or conflicts of interest in their conduct, whether real or perceived.
2. Independence
   • A judge must remain independent in the face of external influences, including political pressures, public opinion, or personal relationships.
   • The judiciary must be protected from interference in the administration of justice, ensuring decisions are based solely on law and facts.
3. Integrity
   • A judge shall uphold the integrity and dignity of the judicial office at all times.
   • Judges must avoid any conduct or behavior that could bring disrepute to the judicial office or undermine the public’s trust in the judiciary.
4. Competence and Diligence
   • A judge shall perform their duties with the necessary competence, diligence, and attention to detail, ensuring that all cases are processed fairly and efficiently.
   • Judges should continually update their knowledge of the law and judicial practice to ensure they make informed decisions.

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II. Duty to the Court​

1. Commitment to Justice
   • A judge must ensure that justice is delivered fairly and promptly, balancing the interests of all parties and ensuring the rule of law is respected.
   • Judges must give each case the attention it deserves, ensuring that no party is deprived of a fair hearing.
2. Confidentiality
   • A judge must maintain confidentiality concerning matters discussed in private hearings, judicial deliberations, and any case-related materials unless disclosure is authorized or required by law.
   • Judges must protect sensitive information from unauthorized access or misuse.

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III. Duty to the Public​

1. Transparency and Accountability
   • While maintaining judicial independence, a judge must be transparent in their actions and decisions, providing clear and reasoned explanations for their rulings.
   • Judges are accountable to the National Judicial Council, Parliament, and the public, ensuring the integrity of their actions.
2. Public Confidence
   • A judge must act in a manner that fosters public confidence in the fairness, impartiality, and efficiency of the judicial system.
   • Any actions or conduct by a judge that may diminish public trust in the judiciary should be avoided.

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IV. Duty to the Profession​

1. Respect for Colleagues
   • A judge must respect the views and positions of fellow judges and legal professionals, fostering an environment of professional cooperation.
   • Disparaging remarks or conduct towards colleagues or others in the legal system are prohibited.
2. Avoiding Conflicts of Interest
   • A judge must avoid any financial, professional, or personal interests that could reasonably be seen as conflicting with their judicial duties.
   • If a conflict of interest arises, the judge must recuse themselves from the case to maintain impartiality.

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V. Prohibited Conduct​

1. Acceptance of Gifts and Favors
   • A judge shall not accept any gifts, favors, or services from parties involved in a case, or from those who may appear before the court, that could influence or appear to influence their decisions.
   • Gifts that are incidental and of nominal value may be accepted, but they must be disclosed to the National Judicial Council.
2. Political Activity
   • A judge must refrain from engaging in any political activity that could create the appearance of bias or undermine the judge’s impartiality.
   • Judges are prohibited from holding office in political parties, making political endorsements, or publicly commenting on political matters.
3. Improper Influence
   • A judge shall not seek to influence or allow others to influence their decisions through external pressures, whether from the Crown, government officials, private interests, or any other source.

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VI. Disciplinary Measures​

1. Complaints and Investigations
   • Any person may file a complaint with the National Judicial Council if they believe a judge has violated this Code of Ethics.
   • The Council shall investigate all complaints impartially and thoroughly, ensuring that due process is followed in all disciplinary proceedings.
2. Sanctions
   • If a judge is found to have violated this Code, sanctions may include a warning, suspension, or removal from office, depending on the severity of the misconduct.
   • A judge may appeal any disciplinary decision to the Constitutional Tribunal, which shall determine the final outcome.

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VII. Training and Education​

1. Ongoing Education
   • Judges are required to participate in ongoing education programs to enhance their knowledge of the law, judicial ethics, and best practices.
   • The National Judicial Council, in consultation with the Ministry of Justice, shall provide programs for judicial education and professional development.
2. Ethics Training
   • Judges must undergo ethics training as part of their initial appointment and on an ongoing basis throughout their careers, ensuring that ethical standards are upheld.

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VIII. Final Provisions​

This Code of Ethics is binding upon all judges in the Kingdom of Poland. It shall be enforced by the National Judicial Council, which may issue additional guidelines or amendments as necessary to ensure the judiciary's integrity.

Any breach of this Code will be regarded as a serious matter, and judges found in violation may face disciplinary action or removal from office, in accordance with the Constitution and laws of the Kingdom of Poland.

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Signed,​

The National Judicial Council of the Kingdom of Poland
Date: October 1st, 1996
Amended: May 2006

 

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Process of Investigating Complaints Against Judges in the Kingdom of Poland​

The National Judicial Council (NJC) is responsible for investigating complaints related to judicial misconduct or breaches of the Code of Ethics. The investigation process is designed to ensure fairness, transparency, and accountability while preserving the independence of the judiciary.

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I. Submission of Complaints​

1. Who May File a Complaint:
   • Any citizen, legal entity, or institution (e.g., lawyers, public officials, or other judges) may file a complaint against a judge.
   • Complaints must be filed in writing to the National Judicial Council.
2. Content of the Complaint:
   • The complaint must include the name of the judge involved, a description of the alleged ethical violation or misconduct, and any supporting evidence (documents, recordings, etc.).
   • The complaint should clearly outline the specific provisions of the Code of Ethics that were allegedly violated.
3. Filing Channels:
   • Complaints can be submitted directly to the NJC through:
     • The official website (if applicable) of the NJC, providing an online form for submission.
     • A physical submission to the NJC’s offices.
     • The National Court Register, or other official legal entities.

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II. Preliminary Review of the Complaint​

1. Initial Screening:
   • Upon receipt, the NJC Secretariat performs an initial review to ensure the complaint is complete and meets the required legal criteria.
   • If the complaint is incomplete or not clearly substantiated, the complainant may be asked to provide additional information or clarification.
2. Determination of Admissibility:
   • The NJC will decide if the complaint is admissible for investigation. Admissibility depends on:
     • The complaint being based on a valid ethical breach as per the Code of Ethics.
     • The event or conduct in question occurring within a reasonable time frame (i.e., not too far in the past, generally within one year from the alleged incident).
3. Preliminary Decision:
   • If the complaint is deemed inadmissible (e.g., lacks sufficient grounds or falls outside the jurisdiction of the NJC), the complainant will be notified of the decision and the reasons.
   • If admissible, the complaint will proceed to a more detailed investigation.

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III. Investigation Process​

1. Appointment of an Investigation Panel:
   • The NJC forms an investigation panel consisting of three members, including:
     • A senior judge or legal expert from the NJC.
     • An expert in judicial ethics.
     • A representative from the legal profession (e.g., a lawyer or legal scholar).
   • The panel is tasked with conducting an impartial and thorough investigation.
2. Notification to the Judge:
   • The judge under investigation is officially notified of the complaint and the details of the allegations.
   • The judge is provided an opportunity to respond, offer an explanation, and present any relevant evidence to refute the claims.
3. Gathering Evidence:
   • The investigation panel may collect additional evidence, including:
     • Interviewing witnesses.
     • Reviewing court records, case files, or other relevant documents.
     • Consulting legal experts on the interpretation of the Code of Ethics.
     • Gathering testimonies from other members of the judiciary or the public, as appropriate.
4. Protection of Confidentiality:
   • During the investigation, the identities of the complainant, witnesses, and other confidential information are protected.
   • The investigation is conducted with due regard for the principle of innocent until proven guilty, and all materials related to the investigation are confidential unless disclosure is authorized.

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IV. Deliberation and Decision​

1. Review of Findings:
   • Once the investigation is complete, the panel reviews the gathered evidence and determines whether the judge violated the Code of Ethics or any applicable laws.
   • The panel may also assess the severity of the violation and consider whether the judge’s actions constituted a serious breach of judicial ethics.
2. Proposed Sanctions:
   • Based on the findings, the panel may recommend various disciplinary actions, including:
     • Warning – For less serious violations.
     • Suspension – For more serious breaches, pending further review or a trial before the Constitutional Tribunal.
     • Removal from Office – For the most severe violations (e.g., corruption, gross misconduct, or criminal behavior).
3. Final Decision:
   • The panel submits its findings and recommendations to the National Judicial Council, which votes on whether to approve the proposed sanctions.
   • The NJC will issue a formal decision, which may include sanctions such as suspension or removal from office.
4. Appeal Process:
   • The judge under investigation has the right to appeal the NJC's decision to the Constitutional Tribunal, which will review the case and make a final ruling.
   • Appeals must be filed within 30 days of the NJC's decision.

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V. Transparency and Public Accountability​

1. Public Reporting:
   • After the decision is made, the National Judicial Council is required to issue a public report on the findings of the investigation and the actions taken, ensuring transparency in the process.
   • The public report will include:
     • A summary of the complaint and investigation.
     • The decision of the NJC.
     • Any disciplinary action taken, or the reasons for dismissal of the complaint.
2. Confidentiality:
   • In cases where the complaint involves sensitive or classified information, the NJC may issue a redacted version of the public report to ensure national security or the safety of individuals involved.

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VI. Accountability and Oversight​

1. Oversight by Parliament:
   • The Parliament may request regular updates on the state of judicial accountability and the outcome of investigations through the Committee on Judicial Affairs.
   • The Parliament can also request specific investigations or audits of the NJC’s practices to ensure that they are functioning properly and fairly.
2. Review of Procedures:
   • The NJC regularly reviews and updates its investigation procedures to ensure they remain fair, transparent, and aligned with international standards on judicial accountability.

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VII. Final Provisions​

The National Judicial Council is tasked with ensuring that judicial accountability is upheld while maintaining the independence and integrity of the judiciary. All judges are expected to cooperate fully with investigations into complaints and adhere to the Code of Ethics and its standards.