Anaya Nolan
The Polish legal system is a civil law jurisdiction, based on the continental legal system. Poland's public and private laws are codified, with the Constitution of Poland being the supreme law of the land. The country's legal system is divided into universally binding law and internal law. The common courts in Poland include district courts, provincial courts, and courts of appeal, which are competent to hear criminal, civil, family and custody, labour, and social insurance cases.
| Characteristics | Values |
|---|---|
| Type of legal system | Civil law |
| Supreme law | Constitution of Poland |
| Legal system influenced by | French and German legal systems |
| Number of branches in the justice system | Two |
| Types of courts | Common, administrative, military, district, provincial, courts of appeal |
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What You'll Learn
Poland's legal system is based on civil law, not common law
Poland's legal system is based on civil law, which is the most widespread in the world by landmass and population. Civil law, also known as Roman law, is interpreted rather than developed or made by judges. Legislative enactments, rather than legal precedents, are considered legally binding. Civil law is one of the four major legal traditions, alongside common law, customary law, and religious law.
Poland's civil law system has strong influences from French and German legal systems. The Polish law or legal system has been developing for over 1,000 years, and the country's public and private laws are codified. The supreme law in Poland is the Constitution of Poland, which was approved by the National Assembly and signed into law by President Aleksander Kwasniewski in 1997. The sources of Polish law are divided into two categories: universally binding law and internal law. The Constitution itself is the supreme form of universally binding law.
The Polish parliament creates legislation and is made up of the Senat (upper house) and the Sejm (lower house). Polish public and private laws are divided into various areas, including civil law, commercial law, copyright law, and geology and mining law. The common courts in Poland are the courts of appeal, provincial courts ("okręg"), and district courts ("rejon"). These courts are competent to hear criminal law cases, civil law cases, family and custody law cases, labour law cases, and social insurance cases.
The Supreme Court is the highest central judicial organ in Poland and is responsible for administering justice, together with common, administrative, and military courts. The Supreme Court also considers cessation as a form of extraordinary appeal and adopts law-interpreting resolutions. It is the highest court of appeal and plays a crucial role in recognizing electoral protests and determining the validity of national elections and referendums.
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The Polish parliament creates legislation
The Polish parliament, also known as the National Assembly, is responsible for creating legislation in Poland. It is a bicameral legislature, consisting of an upper house (the Senate) and a lower house (the Sejm). The Sejm has been the highest governing body of the Third Polish Republic since the transition of government in 1989. It forms the national legislature in Poland, along with the upper house of parliament, the Senate. The Sejm has 460 members, while the Senate has 100 senators. Both houses are accommodated in the Sejm and Senate Complex in Warsaw.
The Polish parliament has been influential in shaping the country's laws and governance throughout its history. The term Sejm dates back to the Kingdom of Poland, referring to a three-estate parliament that included the Chamber of Deputies, the Senate, and the King. The 1573 Henrician Articles strengthened the assembly's jurisdiction, establishing Poland as a constitutional elective monarchy. During the period of the Polish People's Republic, the Sejm was a unicameral parliament and the supreme organ of state power. However, it was largely considered a rubber stamp legislature, with little actual power.
Today, the Polish parliament continues to play a crucial role in law-making and governance. For example, in May 2023, the parliament approved the establishment of a commission to investigate Russian political influence in Poland between 2007 and 2022. This action sparked criticism from international entities such as the USA, the Council of Europe, and the EU, which initiated legal action due to concerns about interference in the democratic process. In response, the Polish parliament amended the legislation to address these concerns.
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The Polish Supreme Court
Poland is a civil law country with a civil code, the Civil Code of Poland. The Polish parliament creates legislation, and Polish public and private laws are codified and divided into various areas.
The Supreme Court is also responsible for the final recognition of electoral protests and determining the validity of national parliamentary and presidential elections, as well as referendums. The court is appointed to recognize electoral protests in elections to the European Parliament. The Supreme Court is the last instance to decide about the loss of the right to funding from the state budget by a given political party.
The President of Poland appoints Supreme Court judges indefinitely upon a motion of the National Council of the Judiciary. The President also selects the First President of the court from candidates presented by the General Assembly of the Supreme Court. The First President serves for a six-year term and can be dismissed by the Sejm with the President's motion if convicted of a crime.
In 2017, the Polish government passed a controversial law that reduced the retirement age of Supreme Court judges from 70 to 65, forcing many judges into retirement. This law was later vetoed by President Duda. However, a revised version of the bill was signed by the President and came into force in July 2018. The European Commission, the European Parliament, and the National Council of the Judiciary claimed that the law was unconstitutional, violating the principles of judicial independence.
In 2019, the Supreme Court faced criticism from the European Association of Judges regarding the independence of its Disciplinary Chamber. The EU's executive body expressed "serious concerns" over the ruling. In 2020, the CJEU issued decisions concerning Poland, ruling that the provisions of the 2017 Act on the Supreme Court, which reduced the retirement age of judges, were contrary to EU law.
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Poland's Constitution
Poland is a civil law jurisdiction with a civil code, the Civil Code of Poland. The country's legal system is based on the continental legal system (civil law tradition) and has been developing since the first centuries of Polish history, over 1,000 years ago. The public and private laws of Poland are codified. The supreme law in Poland is the Constitution of Poland.
The current Polish Constitution was ratified on 2 April 1997, with some amendments made afterwards. It is the supreme law of the land. Poland is a parliamentary democratic representative republic with a political system based on this constitution. The executive power is in the hands of the president and the prime minister. The former serves as the head of state, while the latter is the head of government. The legislature consists of two chambers: the Senate (upper house) with 100 members and the Sejm (lower house) with 460 members. The judicial branch is headed by a Supreme Court and a separate Constitutional Tribunal.
Poland's first written constitution was proposed on 3 May 1791, making it the second-oldest written constitution in the world. This constitution stipulated the decentralisation of state power and emphasised the division of powers, while providing for a system of checks and balances. The Sejm was the official legislative branch, consisting of two chambers: the Senate and the Chamber of Deputies. The 1791 constitution became a symbol of Poland's national identity and strengthened the thought of a special connection between Catholicism and constitutionalism. It also abolished the hereditary monarchy and put an end to royal elections.
The 1791 constitution was followed by the Polaniec Manifesto on 7 May 1794, a famous legal document of the Polish uprising against its Russian occupiers. In 1815, the Kingdom of Poland was restored under a new constitution as a separate possession of the Russian Empire. On 20 February 1919, the "Small Constitution" was adopted and remained in effect until the final constitution was adopted on 17 March 1921. This constitution, modelled after the French constitution of 1875, provided for a tripartite division of powers, a strong local government, and restored Poland as a democratic republic. It also included a broad catalogue of civil liberties, such as freedom of speech, freedom of the press, freedom of assembly, and private property rights.
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The country's judicial independence
Poland's legal system is based on the civil law tradition, with strong influences from French and German legal systems. Civil law, also known as Roman law, is one of the most widespread legal systems in the world. It is characterised by the interpretation of law by judges, rather than the development of law through legal precedents as in common law systems.
Poland's justice system consists of two separate branches: common courts and administrative courts, each operating independently in organisational terms and in their scope of adjudication. The common court system includes the Supreme Court, 11 Appellate Courts, 45 District Courts, and 318 Regional Courts. The Supreme Court is the highest central judicial organ in the Republic of Poland and is responsible for administering justice, together with common, administrative, and military courts. It also considers cessation as a form of extraordinary appeal and adopts law-interpreting resolutions.
Poland's judicial independence has faced challenges in recent years. Since 2015, when the Law and Justice party (PiS) came to power, the government has introduced numerous laws "reforming" the judicial system, making it more susceptible to political interference. These reforms have particularly targeted the judicial appointment process and disciplinary procedures, raising concerns about the rule of law and democratic principles in Poland.
The European Court of Human Rights (ECtHR), the Court of Justice of the European Union (CJEU), and other international organisations have identified systemic deficiencies in Poland's judicial system. While Poland has the right to reform its judiciary, these reforms must comply with constitutional requirements, adhere to rule of law principles, and respect international law and human rights standards. Ensuring judicial independence is crucial for maintaining the health of Poland's democracy and its relationship with the European Union.
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Frequently asked questions
No, Poland is a civil law country.
Common law and equity are systems of law whose sources are the decisions made in cases by judges. In common law systems, legal precedents are considered legally binding. Civil law, on the other hand, is interpreted rather than made by judges. Only legislative enactments are considered legally binding in civil law systems.
The supreme law in Poland is the Constitution of Poland.
The sources of Polish law are divided into two categories: universally binding law and internal law. The sources of universally binding Polish law are the Constitution, statutory law ("ustawa"), and enactments issued by competent organs.
The competent organs that can issue regulations in Poland include the President of the Republic of Poland, the Council of Ministers, the Prime Minister, the National Broadcasting Council, the Chairman of the Committee, and the relevant minister in the area of public administration.
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