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COMMENTS ON THE NEED TO REFORM THE TRIBUNAL OF STATE

100%

Wajda D.

Przegląd Sejmowy

2008

issue 2(85)

113-133

The Tribunal of State was re-established in Poland's post-war system of government more than 25 years ago. Today, the Tribunal performs the role of a constitutional organ within the judicial branch of power which has the power to adjudicate in matters of: 1) constitutional accountability of top state officials for constitutional violations; 2) criminal responsibility of persons, specified by law, for an act which shows all the features of an offence or fiscal offence. Members of the Tribunal of State are chosen by the Sejm, for the term of office of the Sejm, from among Polish citizens (who are not Deputies or Senators).In a modern democratic state ruled by law, the Tribunal of State is essential for strengthening the protection of the population against harmful practices of persons holding top state positions. However, if the Tribunal is to play an important role in shaping legal culture in Polish society, its total reform is required, which will involve the amendment of several provisions of the existing Constitution and adoption of a new Act to regulate the principles of constitutional accountability and the system of organization the Tribunal of State. Such reform should lead to establishing a professional prosecutor, independent of other state institutions, that would have exclusive power to initiate proceedings before the Tribunal. It would also be advisable to deprive the Tribunal of jurisdiction over criminal offences committed by the President of the Republic and members of government. Membership of the Tribunal should include only active judges of the Supreme Court and appellate courts sitting regularly in criminal cases - appointed for an indefinite period by the President of the Republic of Poland from among candidates selected by organs of corporations of judges.. The scope of persons under the jurisdiction of the Tribunal in relation to constitutional offences should be extended to include persons holding other state offices (e.g.. the Commissioner for Citizens' Rights). Decisions of the Tribunal in matters of constitutional offences should be made in a one-stage process. The abandonment of the reform efforts would mean that an appearance of constitutional accountability of top state officials has been maintained.

THE TRIBUNALS AFTER TEN YEARS UNDER THE RULE OF THE CONSTITUTION OF THE THIRD REPUBLIC OF POLAND

80%

Zubik M.

Przegląd Sejmowy

2007

issue 4(81)

151-173

The article deals with selected issues concerning the organization and competence of the Tribunals and their role in the system of government in Poland, i.e. the Constitutional Tribunal and the Tribunal of State (Impeachment Court). The author presents basic foundations of the Constitution of 1997 as well as further legislative changes. The first part of the article discusses the matters concerning the Constitutional Tribunal, particularly the alarming phenomenon which is the undermining of the authority of the Tribunal, especially by politicians. The author reveals the proposals aimed at separation of the procedure for election of the judges of the Constitutional Tribunal from current political disputes, as well as the reforms of the functioning of the Tribunal. He points out the defects of existing regulations concerning constitutional complaints and the procedures for settling disputes of competence. He also examines the scope of jurisdiction of the Constitutional Tribunal, including the assessment of the procedure of taking effect by the normative act within the abstract review of norms. Moreover, he shows the complications resulting from constitutional limitation of the competence of the Tribunal and the effect of its judgments. The second part deals with the problems relating to an institutional shape of the Tribunal of State. He pointed out the inconsistence of Poland's regulations on adjudicating in matters of offences with the provisions of the European Convention for the Protection of Human Rights and Fundamental Freedoms. He also presents some proposals for changes in the procedures of the exercise of constitutional accountability in Poland.

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2 Przegląd Sejmowy

1 Wajda D.

1 Zubik M.

1 2008

1 2007

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COMMENTS ON THE NEED TO REFORM THE TRIBUNAL OF STATE

THE TRIBUNALS AFTER TEN YEARS UNDER THE RULE OF THE CONSTITUTION OF THE THIRD REPUBLIC OF POLAND