POWERS OF THE HEAD OF STATE TO MAKE APPOINTMENTS TO STATE OFFICES (JUDGES IN PARTICULAR) IN THE SECOND REPUBLIC OF POLAND
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During the entire inter-war period (1918-1939) in Poland the influence of the President of the Republic on the composition of ordinary courts was minimal. Under the rule of the March (1921) Constitution wide appointing powers of the President of the Republic, including appointments to other positions and subject to subjective and objective limitations (by the government and by laws) resulted in the transfer of effective authority in this field to the Prime Minister and Minister of Justice while the role of the President was limited to that of putting signature almost automatically. These conclusions (with the exception of the position of the First President of the Supreme Court) are also true of consecutive years, i.e. the period in which the April (1935) Constitution was in force, because under its rule the Act of 1928 on the System of Ordinary Courts continued in force. This formal legal position of the President of the Republic was confirmed by political practice. During the entire period, despite changes of the position of the head of state in the system of government, persons holding this office transferred the power to shape personal composition of the administration of justice to the appropriate minister. Even the Temporary Head of the State and the President of the Republic, who exercised the wide scope of authority and exerted real influence, as specified by the April Constitution, in fact showed limited interest in administration of justice, leaving this sphere within the scope of authority of the government and, practically, the Minister of Justice. The limited role of the head of state in relation to appointment powers was also a consequence of, firstly, the complicated legal situation and, secondly, high turnover in the judicial branch which, in practice, prevented reasonable policies aimed, in perspective, at stabilization and arrangement of situation in administration of justice in Poland.
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