Mechanisms that guarantee the independence of judges

Independence of judges

The Polish Constitution and statutes guarantee the independence of judges.

Poland is of the opinion that these are undisputed rules of the administration of justice and at the same time they guarantee the systemic position of the courts as organs of the third authority, which has the constitutional right of a separate power and independence of other branches of power. (Article 173 of the Polish Constitution).

Under Polish law, the independence of judges is fully guaranteed through instruments such as:

1) the subordination of a judge to the Constitution and statute only;

2) appointment for an indefinite period;

3) irremovability of the judge;

4) a ban on moving a judge without his/her consent;

5) immunity;

6) material conditions for exercising the profession;

7) resting state.

None of the reforms introduced by the United Right Wing government have violated these instruments.