Statement MoJ

Statement

 

THE ACT

of 20 December 2019 

on amending the Act – the Law on the organization of common courts, the Act on the Supreme Court and certain other acts)

Feeling responsible for the judiciary of the Republic of Poland, emphasizing the fact that the Republic of Poland is a common good of all citizens and the Nation has the supreme power;

Recognizing the necessity to respect the tripartition and balancing of the powers as specified in Article 10 of the Constitution of the Republic of Poland;

Respecting the democratic values of the state of law and the independence and the non-political nature of the courts;

Executing the right of the citizens to a fair and public by a competent, independent, impartial and objective court;

Respecting the necessity that the Republic of Poland must guarantee the human and civil freedoms and rights which are guaranteed by the Constitution and other normative acts, and the significance of the constitutional prohibition stating that the judges must not carry out any public activity which may not be reconciled with the principle of independence of the courts and with the principle of impartiality of the judges;

Recognizing the significance of the principle of legal surety for the citizens, in particular the principle of the citizens’ confidence in the state and in the law it legislates and the necessity to ensure surety as to appointment of the judges by the President of the Republic of Poland to adjudicate on their cases;

Respecting the aspiration to ensure the uniformity of the judicature in Poland and to improve the standards of the law which is both legislated and applied;

Emphasizing the system-based role of the Constitutional Tribunal as the body appointed to adjudicate on the compliance of statutes and international agreements with the Constitution;

Recognizing that each judge appointed by the President of the Republic of Poland should be ensured conditions for pursuing the profession of the judge in a decent way, in particular effective procedures to prevent the status of the judge from being unlawfully questioned by any body of the executive, legislative, judicial power and by any people, institutions, including the remaining judges, and striving to give the citizens a feeling of safety and stability as to the rulings of the courts;

the following Act shall be adopted.

Article 1. The Act of 27 July 2001 – the Law on the organization of common courts (Journal of Laws of 2019, items 52, 55, 60, 125, 1465 and 1495) shall be amended as follows:

1)    in Article 3, § 2 points 1-3 shall have the following wording:

“1)    the general assembly of court of appeal judges;

2)    the general assembly of district court judges;

3)    the general assembly of regional court judges.”

2)    in Article 9a, § 2 shall have the following wording:

“§ 2. The external administrative supervision over the activities of the courts, as mentioned in Article 8 point 2, shall be exercised by the Minister of Justice through the supervision service which shall be composed of the judges delegated to the Ministry of Justice in the mode of Article 77, and by the court registrars delegated to the Ministry of Justice in the mode of Article 151a § 5 in terms of the supervision over keeping land and mortgage books, the register of pledges and the National Court Register.”;

3)    after Article 9b, the following Article 9c and Article 9d shall be added:

“Article 9c. Whenever a provision of the Act shall stipulate that the board or general assembly shall be consulted without specifying any deadline, the failure to issue an opinion on the day for which the session has been convened shall be deemed a positive opinion.

Article 9d. The subject of the session of the judicial board and self-government must not refer to any political matters; in particular, it shall be prohibited to adopt any resolutions which may question the principles of the functioning of the authorities of the Republic of Poland and of its constitutional bodies;

4)    in Article 22a, the introduction to the listing in § 1 shall have the following wording:

“The president of the court of appeal in the court of appeal after consulting the board of the court of appeal, the president of the district court in the district court after consulting the board of the district court and the president of the regional court in the regional court after consulting the board of the competent district court shall specify the division of duties which specifies:”;

5)    in Article 23 § 1, the expression “the general assembly of appeal judges” shall be replaced by the expression “the general assembly of court of appeal judges”;

6)    in Article 24 § 1, the expression “the general assembly of district judges” shall be replaced by the expression “the general assembly of district court judges”;

7)    in Article 25 § 1, the expression “the meeting of judges of the” shall be replaced by the expression “the assembly of judges”;

8)    Article 28 shall have the following wording:

“Article 28. § 1. The board of the court of appeal shall be composed of:

1)    the president of the court of appeal;

2)    the presidents of the district courts from the jurisdiction of the court of appeal.

  • 2. The member of the board may authorize a judge of the court over which he or she presides to participate in the session of the board. 
  • 3. The board of the court of appeal shall be chaired by the president of the court or the longest serving member of the board during the absence of the president of the court.
  • 4. The resolutions shall be adopted by a majority of votes. The presence of not less than a half of all the members of the board of the court of appeal shall be required to adopt the resolution. The president of the court shall not participate in the adoption of the resolution in case the board is to issue an opinion on any matters which fall under his or her competences. Shall the number of voices be equal, the vote of the chairman shall be decisive; shall the president of the court of appeal not participate in the vote, the vote of the longest serving member of the board shall be decisive.
  • 5. The vote shall be secret if requested so by one of the present members of the board of the court of appeal.
  • 6. If justified, the chairman of the board may order the vote to be held by circulation. The vote shall be public then. The vote by circulation shall be valid if the votes are cast by not less than a half of the members of the board within the specified deadline.
  • 7. The sessions of the board, which are convened to express an opinion on candidates for the positions of the court of appeal judges, may be attended by delegates of the general assembly of court of appeal judges who have the right to participate in the vote exclusively on the matters. 
  • 8. The board of the court of appeal shall be convened as necessary, however at least quarterly. The session of the board shall be convened by the president of the court of appeal on his or her own initiative or on the request of one third of the members of the board.
  • 9. The session of the board of the court of appeal, which is convened to express an opinion on the draft financial plan mentioned in Article 178 § 1, shall be attended by the director of the court of appeal”;

9)    in Article 29 § 1, the following point 1a shall be added after point 1:

“1a)    shall express an opinion on candidates for the positions of the court of appeal judges;”;

10)    Article 30 shall have the following wording:

“Article 30. § 1. The board of the district court shall be composed of:

1)    the president of the district court;

2)    the presidents of the regional courts from the jurisdiction of the district court.

  • 2. The provisions of Article 28 § 2–6, 8 and 9 shall apply to the board of the district court accordingly.
  • 3. The sessions of the board, which are convened to express an opinion on candidates for the positions of the district court, may be attended by delegates of the general assembly of district court judges who have the right to participate in the vote exclusively on the matters.
  • 4. The sessions of the board, which are convened to express an opinion on candidates for the positions of the regional court, may be attended by delegates of the general assemblies of the regional courts from the court district who have the right to participate in the vote exclusively on the matters.”;

11)    in Article 31:

  1. a) in § 1, the following point 1a shall be added after point 1:

“1a)    shall express an opinion on candidates for the positions of the district and regional court of judges;”;

  1. b) in § 2, the expression “the meeting of judges” shall be replaced by the expression “the assembly of judges of the court”;

12)    in Article 31a § 3, the expression “the general assembly of appeal judges” shall be replaced by the expression “the general assembly of court of appeal judges”;

13)    Article 33 shall have the following wording:

“Article 33. § 1. The general assembly of court of appeal judges shall be composed of the judges of the court. It may be attended by the judges delegated to perform the duties of the judge in the court, without the right to participate in the vote.

  • 2. The general assembly of court of appeal judges shall be chaired by the president of the court of appeal. During the absence of the president of the court, the duties of the chairman shall be performed by the longest serving vice-president of the court of appeal.
  • 3. The participation in the session of the general assembly of court of appeal judges shall be obligatory, if ordered so by the president of the court of appeal.
  • 4. The judges not being members of the general assembly of court of appeal judges may participate in the sessions of the assembly without the right to participate in the votes.
  • 5. The resolutions adopted by the general assembly of court of appeal judges shall be adopted by a simple majority of votes of the present members of the assembly. The vote shall be conducted by a roll-call vote. The number of the cast votes shall be public and shall be attached to the resolution.
  • 6. The general assembly of court of appeal judges shall be convened at least annually; the sessions of the assembly shall be convened by the president of the court of appeal on his or her own initiative or on the request of the board of the court of appeal, the board of the district court, one fifth of the members of the assembly or on the request of the Minister of Justice. The president of the court of appeal shall notify about the term of the assembly at least two weeks in advance by presenting the planned agenda of the session.”;

14)    Article 34 shall have the following wording:

“Article 34. § 1. The general assembly of court of appeal judges shall perform the tasks specified by statute, in particular:

1)    shall hear the report of the president of the court of appeal about the situation in the court;

2)    may select delegates to participate in the sessions of the board of the court, which are convened to express an opinion on candidates for the positions of the court of appeal judges;

3)    may express an opinion on the annual statement mentioned in Article 31a § 2.

  • 2. The delegates mentioned in § 1 point 2 in the number equal to the number of the members of the board of the court of appeal shall be selected by secret vote. The vote shall take place by indicating one candidate on the list of all the nominated candidates. The candidates who receive the subsequent highest number of votes shall become delegates. Shall two or more candidates receive an equal number of votes, which makes it impossible to select the candidates in the number equal to the number of the members of the board of the court of appeal, a renewed vote shall be conducted with the participation of the candidates only.
  • 3. The delegates shall be selected for a period of one year.
  • 4. Shall the term of office of the delegate expire through the resignation, dissolution or expiry of his or her service relationship, in case he or she retires or is retired or is transferred to a different place or is appointed to a different position, the judge who received the subsequent highest number of votes, as mentioned in § 2, shall become a delegate.”;

15)    Articles 35-36a shall have the following wording:

“Article 35. § 1. The general assembly of district court judges shall be composed of all the judges of the court. It may be attended by the judges delegated to perform the duties of the judge in the court, without the right to participate in the vote.

  • 2. The general assembly of district court judges shall be chaired by the president of the district court. During the absence of the president of the court, the duties of the chairman shall be performed by the longest serving vice-president of the district court. 
  • 3. The participation in the session of the general assembly of district court judges shall be obligatory, if ordered so by the president of the district court.
  • 4. The judges not being members of the general assembly of district court judges may participate in the sessions of the assembly without the right to participate in the votes.
  • 5. The resolutions adopted by the general assembly of district court judges shall be adopted by a simple majority of votes of the present members of the assembly. The vote shall be conducted by a roll-call vote. The number of the cast votes shall be public and shall be attached to the resolution.
  • 6. The general assembly of district court judges shall be convened at least annually; the sessions of the assembly shall be convened by the president of the district court on his or her own initiative or on the request of the president of the court of appeal, the board of the district court, one fifth of the members of the assembly or on the request of the Minister of Justice. The president of the district court shall notify about the term of the assembly at least two weeks in advance by presenting the planned agenda of the session.

Article 36. § 1. The general assembly of district court judges shall perform the tasks specified by statute, in particular:

1)    shall hear the report of the president of the district court about the situation in the court;

2)    may select delegates to participate in the sessions of the board of the court, which are convened to express an opinion on candidates for the positions of the district and regional court judges.

  • 2. The delegates mentioned in § 1 point 2 in the number equal to the number of the members of the board of the district court shall be selected by secret vote. The vote shall take place by indicating one candidate on the list of all the nominated candidates. The candidates who receive the subsequent highest number of votes shall become delegates. Shall two or more candidates receive an equal number of votes, which makes it impossible to select the candidates in the number equal to the number of the members of the board of the court of appeal, a renewed vote shall be conducted with the participation of the candidates only.
  • 3. The delegates shall be selected for a period of one year. 
  • 4. Shall the term of office of the delegate expire through the resignation, dissolution or expiry of his or her service relationship, in case he or she retires or is retired or is transferred to a different place or is appointed to a different position, the judge who received the subsequent highest number of votes, as mentioned in § 2, shall become a delegate.

Article 36a. § 1. The general assembly of regional court judges shall be composed of all the judges of the court. It may be attended by the judges delegated to perform the duties of the judge in the court and the court assessors, without the right to participate in the vote.

  • 2. The general assembly of regional court judges shall be chaired by the president of the regional court. During the absence of the president of the court, the duties of the chairman shall be performed by the longest serving vice-president of the court; shall there be no vice-president, the longest service head of the division of the court.
  • 3. The participation in the session of the general assembly of regional court judges shall be obligatory, if ordered so by the president of the court.
  • 4. The resolutions adopted by the general assembly of regional court judges shall be adopted by a simple majority of votes of the present members of the assembly. The vote shall be secret exclusively as to the selection of the delegate mentioned in § 6 point 2.
  • 5. The general assembly of regional court judges shall be convened by the president of the court on his or her own initiative or on the request of one fifth of the members of the court.
  • 6. The general assembly of regional court judges:

1)    shall hear the report of the president of the court about the activities of the court and may express an opinion thereon;

2)    may select a delegate to participate in the sessions of the board of the district court, which are convened to express an opinion on candidates for the positions of the regional court judges.

  • 7. The delegate mentioned in § 6 point 2 shall be selected by secret vote. The vote shall take place by indicating one candidate on the list of all the nominated candidates. The candidate who received the highest number of votes shall become a delegate. Shall two or more candidates receive an equal number of votes, which makes it impossible to select one delegate, a renewed vote shall be conducted with the participation of the candidates only.
  • 8. The delegate shall be selected for a period of one year.
  • 9. Shall the term of office of the delegate expire through the resignation, dissolution or expiry of his or her service relationship, in case he or she retires or is retired or is transferred to a different place or is appointed to a different position, the judge who received the subsequent highest number of votes, as mentioned in § 7, shall become a delegate.”;

16)    in Article 37e:

  1. a) 2 shall have the following wording:

“§ 2. Shall it be established that the division of duties specified by the president of the district court is incorrect or irrational, the president of the court of appeal shall issue a recommendation to change the division of duties. Shall the president of the district court not change the division of duties as recommended, the president of the court of appeal may request the National Council of the Judiciary to decide on the matter, whereby its resolution is final.”,

  1. a) 3 shall have the following wording:

“§ 3. The rights mentioned in § 1 and 2 shall also be due to the president of the district court towards the president or the vice-president of the regional court operating in the court district.”;

17)    Article 37h shall have the following wording:

“Article 37h. § 1. The president of the court of appeal shall prepare an annual report on the activities of the courts in the area of appeal, within the assigned tasks, which he or she shall submit to the Minister of Justice not later than the end of April of each year.

  • 2. The Minister of Justice shall assess the annual report and shall accept or reject it. The rejection of the annual report must be justified.
  • 3. The failure to perform the duty mentioned in § 1 within the specified deadline shall be equal to the rejection of the report by the Minister of Justice.
  • 4. The president of the court of appeal whose annual report was rejected may submit a written reservation to the Minister of Justice within fourteen days from the date he or she is informed accordingly.
  • 5. Shall the reservation be submitted, the Minister of Justice shall accept the annual report within one month from the submission date of the reservation or refer the matter to the National Council of the Judiciary for examination while notifying the president of the court about the way the reservation is examined. Shall the reservation be accepted by the National Council of the Judiciary as a whole, the Minister of Justice shall accept the annual report.
  • 6. The rejection of the annual report by the Minister of Justice shall mean that the president of the court of appeal does not perform its professional duties in the meaning of Article 27 § 1 point 1 in a serious way.”;

18)    in Article 41 § 1a, the expression “the general assembly of appeal judges, the general assembly of district judges or the meeting of regional court judges” shall be replaced by the expression “the general assembly of court of appeal judges, the general assembly of district court judges or the general assembly of regional court judges”;

19)    after Article 42, the following Article 42a shall be added:

“Article 42a. § 1. In the framework of the activities of the courts or its bodies, it shall be inadmissible to question the power of the courts and tribunals, the constitutional bodies of the state and the bodies which control and protect the law.

  • 2. It shall be inadmissible that the common court or any other body of power establishes or assesses the lawfulness of the appointment of the judge or of the resulting right to perform the tasks related to the judiciary.”;

20)    in Article 55:

  1. a) 1 shall have the following wording:

“§ 1. The judge of the common court shall be a person who was appointed by the President of the Republic to the position and took the oath before the President of the Republic of Poland.”,

  1. b) the following § 4 shall be added:

“§ 4. The judge may adjudicate in any matters in his or her place of service and in the remaining courts in the situations specified by statute (the jurisdiction of the judge). The provisions on the assignment of cases and on the appointment or changing of the composition of the court shall not restrict the jurisdiction of the court and must not be a base for establishing the unlawfulness of the composition of the court, the incorrect composition of the court or the participation of an unauthorized person or a person who is incapable to adjudicate as to the ruling.”;

21)    in Article 57aa § 3, the first sentence shall have the following wording:

“The president of the competent court to whom a candidate was nominated for a vacant position of the judge shall place electronic copies of the documents, excluding the documents placed by the candidate, the originals of which are in paper, required in the proceeding, in a telecommunication and information system within 3 working days, while signing them with the electronic signature assigned by the system.”;

22)    in Article 57ab, § 1 shall have the following wording:

“§ 1. The candidate for the vacant position of the regional court judge and for the vacant position of the district court judge shall be nominated to the president of the competent district court, while the candidate for the vacant position of the court of appeal judge to the president of the court of appeal.”;

23)    in Article 57ae, § 2 shall have the following wording:

“§ 2. The president of the district court shall have access to the documents gathered in the telecommunication and information system concerning all proceedings related to the appointment to fulfil the office of the judge in the district court and in the regional courts in the district. The president of the court of appeal shall have access to the documents gathered in the telecommunication and information system concerning all proceedings related to the appointment to fulfil the office of the judge in the court of appeal.”;

24)    in Article 57ah, § 5 shall have the following wording:

“§ 5. The president of the court of appeal shall nominate a candidate for the vacant position of the court of appeal judge to the board of the court of appeal to express an opinion, including the assessment of qualifications and potential remarks of the candidate. The president of the district court shall nominate a candidate for the vacant position of the district court judge and of the regional court judge to the board of the district court to express an opinion, including the assessment of qualifications and potential remarks of the candidate.”;

25)    in Article 58:

  1. a) in § 1, the expression “assembly” shall be replaced by the expression “board”,
  2. c) 2 shall be repealed;
  3. c) in § 2a, the expression “by the board or by the general assembly” and “by the general assembly” shall be deleted,
  4. a) 4 shall have the following wording:

“§ 4. The president of the competent court shall place the assessment of the qualifications, the opinion of the competent board of the court, the report of the voivodeship chief of police or the chief of Metropolitan police, as mentioned in § 3, along with other documents concerning the proceeding related to the appointment to fulfil the office of the judge, in the telecommunication and information system within 3 working days.”;

26)    in Article 66, the current content shall be marked as § 1 and the following § 2 shall be added:

“§ 2. The refusal to take the oath shall be equivalent to the waiver of the position of the judge.”;

27)    in Article 77:

  1. a) in § 9, the expression “the total period of delegation must not exceed 14 days a year” shall be replaced by the expression “the assignment of cases to the delegated judge as the reporting judge must not exceed 30 cases a year”,
  2. b) the following § 9a shall be added after § 9:

“§ 9a. The president of the district court may delegate the judge of the regional court upon his or her consent to perform duties in a different regional court in parallel to performing the duty in the place of service. The judge may withdraw its consent three months in advance.”;

28)    in Article 87, the expression “the general assembly of appeal judges” shall be replaced by the expression “the general assembly of court of appeal judges”; 

29)    after Article 88, the following Article 88a and Article 88b shall be added:

“Article 88a. § 1. The judge shall be obliged to submit a written declaration about:

1)    the membership of a union, including an association – by indicating the name and seat of the union, the functions performed and the term of membership;

2)    the function performed in the body of the foundation which does not carry economic activity – by indicating the name and seat of the foundation and the term of performing the function;

3)    the membership of a political party before being appointed to the position of the judge and during the term of office before 29 December 1989 – by indicating the name of the party, the functions performed and the term of membership.

  • 2. The declaration mentioned in § 1 shall be submitted by the judges to the president of the competent court of appeal, while the presidents of the courts of appeal to the Minister of Justice.
  • 3. The declarations mentioned in § 1 shall be submitted within 30 days from the date of taking up the office of the judge, and within 30 days from the occurrence or cessation of the events mentioned in § 1.
  • 4. The information included in the declarations mentioned in § 1 shall be public and shall be published in the Public Information Bulletin, as mentioned in the Act of 6 September 2001 on the access to public information, however not later than within 30 days from the submission of the declaration to the authorized entity.

Article 88b. § 1. The competent president of the court shall announce the first and subsequent appointments of the judges of his or her court in the Public Information Bulletin.

  • 2. The announcement mentioned in § 1 shall specify:

1)    the body appointing and requesting the appointment;

2)    the date of appointment;

3)    the place of service (seat) of the judge.”;

30)    in Article 106xa § 5, the expression “the general assembly of district judges” shall be replaced by the expression “the general assembly of district court judges”;

31)    Article 106zg shall have the following wording:

“Article 106zg. § 1. The provisions of Article 67, Article 75b, Article 82, Article 83a, Articles 85-90, Article 95 and Article 97 shall apply to the court assessors accordingly.

  • 2. Whenever other statutes stipulate that the judge shall take up the official duties, the judge shall also mean the court assessor.”;

32)    in Article 107, § 1 shall have the following wording:

“§ 1. The judge shall be disciplinary liable for his or her professional (disciplinary) misconduct, including:

1)    the obvious and gross erring in law;

2)    any actions or omissions which may make it impossible or significantly hinder the functioning of the body of the judiciary;

3)    any actions questioning the existence of the service relationship of the judge, the effectiveness of the appointment of the judge or the power of the constitutional body of the Republic of Poland;

4)    the public activity which may not be reconciled with the principle of independence of the courts and with the principle of impartiality of the judges; 

5)    violating the dignity of the office.”;

33)    Article 107a shall have the following wording:

“Article 107a. The court assessor shall be disciplinary liable for his or her professional (disciplinary) misconduct and for his or her behaviour before taking up the position, if he or she is deemed undeserving of the office of the court assessor, similarly like the judge. The provisions of Articles 108-133a shall apply accordingly.”;

34)    in Article 109:

  1. a) in § 1, the following point 2b shall be added after point 2a:

“2b)    the pecuniary penalty in the amount of one-month basic remuneration to be paid out for the month preceding the final conviction, increased by the allowance due to the judge for long-term service, the functional allowance and the special allowance;”,

  1. b) the following § 1a shall be added after § 1:

“§ 1a. The penalty mentioned in § 1 point 4 or 5 shall be imposed for the disciplinary misconduct mentioned in Article 107 § 1 points 2-4, while the penalty mentioned in § 1 points 2a, 2b or 3 shall be imposed for any lesser misconduct.”;

35)    in Article 110:

  1. a) in § 1 point 1 letter b, the expression “and the matters mentioned in Article 107 § 1 point 3” shall be added after the expression “and with pointing out the misconduct”,
  2. a) 2 and 2a shall have the following wording:

“§ 2. Furthermore, the disciplinary courts shall be competent to adjudicate on the matters mentioned in Article 37 § 5, Article 75 § 2 point 3, Article 80 and Article 106zd.

  • 2a. The disciplinary court in whose district the judge subject to the proceeding performs his or service shall be competent for the district to examine the cases mentioned in Article 37 § 5 and Article 75 § 2 point 3. In the cases mentioned in Article 80 and Article 106zd, the Supreme Court shall adjudicate in the composition of one judge of the Disciplinary Chamber in the first instance, and the Supreme Court in the composition of three judges of the Disciplinary Chamber in the second instance.”,
  1. b) the following § 2b shall be added after § 2a:

“§ 2b. In the cases for which the Supreme Court is competent, the tasks of the president of the disciplinary court shall be performed by the President of the Supreme Court managing the Disciplinary Chamber.”; 

36)    in Article 112:

  1. b) the following § 2a shall be added after § 2:

“§ 2a. The Disciplinary Commissioner of the Judges of the Common Courts and the Deputy Disciplinary Commissioners of the Judges of the Common Courts may take up and do the act in any case concerning the judge.”,

  1. a) 6-9 shall have the following wording:

Ҥ 6. The deputy disciplinary commissioner by the court of appeal shall be appointed by the Disciplinary Commissioner of the Judges of the Common Courts from the judges of the court or from the judges of the district courts from the jurisdiction of the court of appeal for a term of office of four years.

  • 7. The deputy disciplinary commissioner by the district court shall be appointed by the Disciplinary Commissioner of the Judges of the Common Courts from the judges of the court or from the judges of the regional courts from the jurisdiction of the district court for a term of office of four years.
  • 8. The term of office of the deputy disciplinary commissioner by the court of appeal or by the district court shall expire earlier in case:

1)    the service relationship of the judge is terminated or expires;

2)    the judge retires or is retired;

3)    the judge is transferred to a different position of the judge outside of the jurisdiction of the court of appeal or of the district court or the judge is delegated to outside the jurisdiction based on Article 77;

4)    the Disciplinary Commissioner of the Judges of the Common Courts accepts the resignation of the judge from the function of the deputy commissioner.

  • 9. The deputy commissioner shall perform the duties after his or her term of office until the deputy commissioner is appointed for the subsequent term of office.”,
  1. c) 10–13 shall be repealed;

37)    after Article 114, the following Article 114a shall be added:

“Article 114a. § 1. The pecuniary penalty in the amount of up to PLN 3,000 may be imposed on the witness who did not appeared without a proper justification, if summoned by the disciplinary commissioner, or left the place of the proceeding before its completion, although not being allowed to do so. The imposition of the pecuniary penalty shall not exclude the disciplinary liability.

  • 2. The disciplinary court by the court of appeal, in whose districts the proceeding is conducted, shall decide on the imposition of the pecuniary penalty mentioned in § 1 on the request of the disciplinary commissioner.
  • 3. The ruling of the disciplinary court concerning the imposition of the pecuniary penalty may be appealed against to the Supreme Court in the composition of one judge of the Disciplinary Chamber.”;

38)    Article 128 shall have the following wording:

“Article 128. The provisions of the general part of the Criminal Code and the provisions of the Code of Criminal Procedure, excluding Article 344a and Article 396a, shall apply to any matters not regulated in this Chapter, including the unique nature of the disciplinary proceeding.”.

Article 2. The Act of 8 December 2017 on the Supreme Court (Journal of Laws of 2019, item 825) shall be amended as follows:

1)    Article 13 shall have the following wording:

“Article 13. § 1. Each judge of the Supreme Court shall have the right to nominate one candidate for the position of the First President of the Supreme Court.

  • 2. The candidate shall be nominated to the chairman of the General Assembly of the Judges of the Supreme Court making the selection mentioned in Article 12 § 2 immediately after its start.
  • 3. The General Assembly of the Judges of the Supreme Court making the selection mentioned in Article 12 § 2 shall be chaired by the First President of the Supreme Court; shall the above be impossible or shall the First President by nominated, by the Judge of the Supreme Court, who was not nominated, as appointed by the President of the Republic of Poland.
  • 4. The presence of not less than 84 members of the General Assembly of the Judges of the Supreme Court shall be required so that the General Assembly of the Judges of the Supreme Court can select candidates for the position of the First President of the Supreme Court. Shall the selection not be performed due to the non-existence of the required quorum, the presence of not less than 75 members of the General Assembly of the Judges of the Supreme Court shall be required to perform the selection during the subsequent session. Shall the selection not be performed during the subsequent session due to the non-existence of the required quorum, the selection may be performed during the subsequent session provided that not less than 32 members of the General Assembly of the Judges of the Supreme Court are present. The sessions mentioned in the second and third sentence shall be convened for the day falling not later than within 5 days from the date of the preceding session.
  • 5. Each judge participating in the vote may cast one vote only. The vote shall be secret.
  • 6. The candidates who received the highest number of votes shall be candidates for the position of the First President of the Supreme Court selected by the General Assembly of the Judges of the Supreme Court. Shall two or more candidates for the position of the First President of the Supreme Court receive an equal number of votes, which makes it impossible to select five candidates, a renewed vote shall be conducted with the participation of the candidates only. The provision of § 5 shall apply.
  • 7. Immediately after the selection of the candidates for the position of the First President of the Supreme Court, the chairman of the General Assembly of the Judges of the Supreme Court or any other person indicated by the General Assembly of the Judges of the Supreme Court shall submit to the President of the Republic of Poland a list of the candidates for the position of the First President of the Supreme Court selected by the General Assembly of the Judges of the Supreme Court, including the protocol from the vote.
  • 8. After the submission of the list of the candidates for the position of the First President of the Supreme Court selected by the General Assembly of the Judges of the Supreme Court, including the protocol from the vote, to the President of the Republic of Poland, the General Assembly of the Judges of the Supreme Court must not be convened to select candidates for the position of the First President of the Supreme Court.”;

2)    after Article 13, the following Article 13a shall be added:

“Article 13a. § 1. Shall the candidates for the position of the First President of the Supreme Court not be selected in accordance with the principles specified by statute, the President of the Republic of Poland shall immediately appoint a judge of the Supreme Court he or she selects to perform the duties of the First President of the Supreme Court.

  • 2. Within one week from the appointment to perform the duties of the First President of the Supreme Court, the judge who was assigned the duties shall convene the General Assembly of the Judges of the Supreme Court he or she chair to select candidates for the position of the First President of the Supreme Court.
  • 3. The presence of not less than 32 members of the General Assembly of the Judges of the Supreme Court shall be required so that the General Assembly of the Judges of the Supreme Court can select candidates for the position of the First President of the Supreme Court. The provisions of Article 13 § 1, 2 and 5-7 shall apply.”;

3)    in Article 17:

  1. a) in § 2, the expression “Article 13 § 1 and” shall be replaced by the expression “Article 13 § 3, Article 13a § 2 and”,
  2. b) the following § 2a shall be added after § 2:

“§ 2a. The First President of the Supreme Court shall notify the judges of the Supreme Court about the date and agenda of the session of the General Assembly of the Judges of the Supreme Court not later than 7 days before the date of the session, subject to Article 13 § 4 sentence four and Article 13a § 2.”;

4)    in Article 26, the current content shall be marked as § 1 and the following § 2-6 shall be added:

“§ 2. The Chamber of Extraordinary Control and Public Affairs shall be competent to examine the requests and declarations concerning the exclusion of the judge or the indication of the judge before which the proceeding shall be conducted, including the accusation concerning the lack of independence of the judge or the lack of impartiality of the judge. The court examining the case shall immediately request the President of the Chamber of Extraordinary Control and Public Affairs to continue the proceeding in accordance with the principles specified by separate provisions. The submission of the request to the President of the Chamber of Extraordinary Control and Public Affairs shall not suspend the ongoing proceeding.

  • 3. The request mentioned in § 2 shall be left without examination, if it involves the establishment and assessment of the lawfulness of the appointment of the judge or his or her authorization to perform the duties related to the judiciary.
  • 4. The Chamber of Extraordinary Control and Public Affairs shall be competent to examine the complaints for the establishment of the unlawfulness of the final ruling of the Supreme Court, the common courts, the military courts and the administrative courts, including the Supreme Administrative Court, if the unlawfulness consists in questioning the statues of the person appointed to fulfil the office of the judge who issued a ruling in the case.
  • 5. The respective provisions on the establishment of the unlawfulness of the final rulings shall apply to the proceedings in the cases mentioned in § 4, while the provisions on the resumption of the court proceeding completed by a final ruling shall apply in criminal matters. It shall not be necessary to make probable or cause damage, caused by the ruling the complaint refers to.
  • 6. The complaint for the establishment of the unlawfulness of the final ruling, as mentioned in § 4, may be submitted to the Supreme Court – the Chamber of Extraordinary Control and Public Affairs, by omitting the court which issued the questioned ruling, and in case the party shall not refer to its legal measures, including the extraordinary complaint to the Supreme Court.”;

5)    in Article 27:

  1. a) in § 1, the following point 1a shall be added after point 1:

“1a)    for the permit for holding the judges, court assessors, prosecutors and prosecutor’s assessors criminally liable or arresting them on a temporary basis;’,

  1. b) in § 3, point 2 shall have the following wording:

“2)    The judges, court assessors, prosecutors and prosecutor’s assessors concerning:

  1. a) the disciplinary misconduct, examined by the Supreme Court in the first instance, 
  2. b) for the permit for holding criminally liable or arresting on a temporary basis.”,
  3. c) in § 4 point 1, the expression “judges and prosecutors” shall be replaced by the expression “judges, court assessors, prosecutors and prosecutor’s assessors”;

6)    Article 29 shall have the following wording:

“Article 29. § 1. The judge of the Supreme Court shall be a person who was appointed by the President of the Republic to the position and took the oath before the President of the Republic of Poland.

  • 2. In the framework of the activities of the Supreme Court or its bodies, it shall be inadmissible to question the power of the courts and tribunals, the constitutional bodies of the state and the bodies which control and protect the law.
  • 3. It shall be inadmissible that the Supreme Court or any other body of power establishes or assesses the lawfulness of the appointment of the judge or of the resulting right to perform the tasks related to the judiciary.”;

7)    in Article 45, the following § 3 shall be added:

“§ 3. The declaration mentioned in Article 88a of the Act of 27 July 2001 – the Law on the organization of common court shall be submitted by the judge of the Supreme Court to the First President of the Supreme Court, while the First President of the Supreme Court to the National Council of the Judiciary.”;

8)    in Article 72, § 1 shall have the following wording:

“§ 1. The judge of the Supreme Court shall be disciplinary liable for his or her professional (disciplinary) misconduct, including:

1)    the obvious and gross erring in law;

2)    any actions or omissions which may make it impossible or significantly hinder the functioning of the body of the judiciary;

3)    any actions questioning the existence of the service relationship of the judge, the effectiveness of the appointment of the judge or the power of the constitutional body of the Republic of Poland;

4)    the public activity which may not be reconciled with the principle of independence of the courts and with the principle of impartiality of the judges; 

5)    violating the dignity of the office.”;

9)    in Article 75:

  1. a) in § 1, the following point 3a shall be added after point 3:

“3a)    the pecuniary penalty in the amount of one-month basic remuneration to be paid out for the month preceding the final conviction, increased by the allowance due to the judge for long-term service, the functional allowance and the allowance mentioned in Article 48 § 7;”,

  1. b) the following § 1a shall be added after § 1:

“§ 1a. The penalty mentioned in § 1 point 5 shall be imposed for the disciplinary misconduct mentioned in Article 72 § 1 points 2-4, while the penalty mentioned in § 1 points 3, 3a or 4 shall be imposed for any lesser misconduct.”;

10)    in Article 82, the current content shall be marked as § 1 and the following § 2–5 shall be added:

“§ 2. While examining the case in which there is a legal matter concerning the impartiality of the judge or the independence of the court, the Supreme Court shall postpone its examination and shall refer the matter to the entire composition of the Chamber of Extraordinary Control and Public Affairs of the Supreme Court for examination.

  • 3. Shall the Supreme Court have serious doubts, during the examination of the request mentioned in Article 26 § 2, as to the interpretation of the provisions of the law based on which the ruling shall be issued, it may postpone the examination of the request and refer the legal matter to the entire composition of the Chamber of Extraordinary Control and Public Affairs of the Supreme Court for examination.
  • 4. While adopting the resolution mentioned in § 2 or 3, the Chamber of Extraordinary Control and Public Affairs shall not be bound by the resolution of a different composition of the Supreme Court, even if it has become a legal principle.
  • 5. The resolution adopted by the entire composition of the Chamber of Extraordinary Control and Public Affairs of the Supreme Court based on § 2 or 3 shall be binding for all compositions of the Supreme Court. The withdrawal from the resolution which has become a legal principle shall require a renewed resolution in the form of a resolution of the entire composition of the Supreme Court, the adoption of which requires the presence of not less than 2/3 of the judges of each of the chambers. Article 88 shall not apply.”.

Article 3. The Act of 21 August 1997 – the Law on the organization of military courts (Journal of Laws of 2019, item 2216) shall be amended as follows:

1)    in Article 23, § 1 shall have the following wording: 

“§ 1. The judge of the military court shall be a person who was appointed by the President of the Republic to the position and took the oath before the President of the Republic of Poland.”;

2)    after Article 23, the following Article 23a shall be added:

“Article 23a. § 1. In the framework of the activities of the military court or its bodies, it shall be inadmissible to question the power of the courts and tribunals, the constitutional bodies of the state and the bodies which control and protect the law.

  • 2. It shall be inadmissible that the military court or any other body of power establishes or assesses the lawfulness of the appointment of the judge or of the resulting right to perform the tasks related to the judiciary.”;

3)    in Article 37, § 2 shall have the following wording:

“§ 2. In the meaning of the Act, the disciplinary misconduct shall be the violation of the duties of the judge, including:

1)    the obvious and gross erring in law;

2)    any action or omission which may make it impossible or significantly hinder the functioning of the body of the judiciary;

3)    any action questioning the existence of the service relationship of the judge, the effectiveness of the appointment of the judge or the power of the constitutional body of the Republic of Poland;

4)    the public activity which may not be reconciled with the principle of independence of the courts and with the principle of impartiality of the judges; 

5)    violating the dignity of the office;

6)    the violation of the military discipline and the principles of honour and dignity of the soldier.”;

4)    in Article 39:

  1. a) in § 1, the following point 2b shall be added after point 2a:

“2b)    the pecuniary penalty in the amount of one-month basic remuneration to be paid out for the month preceding the final conviction, increased by the allowance due to the judge for long-term service, the functional allowance and the special allowance;”,

  1. b) the following § 1a shall be added after § 1:

“§ 1a. The penalty mentioned in § 1 point 4 or 5 shall be imposed for the disciplinary misconduct mentioned in Article 37 § 2 points 2-4, while the penalty mentioned in § 1 points 2a, 2b or 3 shall be imposed for any lesser misconduct.”;

5)    in Article 39a:

  1. a) in § 1 point 1 letter b, the expression “and the matters mentioned in Article 37 § 2 point 3” shall be added after the expression “and with pointing out the misconduct”,
  2. b) the following § 2a and 2b shall be added after § 2:

Ҥ 2a. In the cases mentioned in Article 30, the Supreme Court shall adjudicate in the composition of one judge of the Disciplinary Chamber in the first instance, and the Supreme Court in the composition of three judges of the Disciplinary Chamber in the second instance.

  • 2b. In the cases for which the Supreme Court is competent, the tasks of the president of the disciplinary court shall be performed by the President of the Supreme Court managing the Disciplinary Chamber.”;

6)    in Article 70 § 1, in the introduction to the listing:

  1. a) after the expression “Article 9c, Article 9d,” shall be added after the expression “Article 8,”,
  2. b) the expression “Article 89, Article 90” shall be replaced by the expression “Articles 88a-90”.

Article 4. The Act of 25 July 2002 – the Law on the organization of administrative courts (Journal of Laws of 2019, item 2167) shall be amended as follows:

1)    in Article 5:

  1. a) 1 shall have the following wording: 

“§ 1. The judge of the administrative court shall be a person who was appointed by the President of the Republic to the position and took the oath before the President of the Republic of Poland,”,

  1. b) the following § 1a and 1b shall be added after § 1: 

Ҥ 1a. In the framework of the activities of the administrative court or its bodies, it shall be inadmissible to question the power of the courts and tribunals, the constitutional bodies of the state and the bodies which control and protect the law.

  • 1b. It shall be inadmissible that the administrative court or any other body of power establishes or assesses the lawfulness of the appointment of the judge or of the resulting right to perform the tasks related to the judiciary.”;

2)    in Article 8, the current content shall be marked as § 1 and the following § 2 shall be added:

“§ 2. The declaration mentioned in Article 88a of the Act of 27 July 2001 – the Law on the organization of common court shall be submitted by the judges of the voivodeship administrative court to the competent president of the voivodeship administrative court, while the president of the voivodeship administrative court and the judges of the Supreme Administrative Court to the President of the Supreme Administrative Court, while the President of the Supreme Administrative Court to the National Council of the Judiciary.”;

3)    in Article 24 § 4, point 2 shall be repealed;

4)    in Article 25 § 1, point 2 shall be repealed;

5)    in Article 29 § 1 point 4, the dot shall be replaced by the semicolon and the following point 5 shall be added:

“5)    Article 31 of the Act of 8 December 2017 on the Supreme Court (Journal of Laws of 2019, items 825 and …) shall apply to the nomination of the candidates for the vacant position of the judge to be filled in in the voivodeship administrative court, whereby the vacant positions of the judges shall be announced by the President of the Supreme Administrative Court in the Journal of Laws of the Republic of Poland “Monitor Polski”.”;

6)    Article 33 shall be repealed;

7)    Article 43 shall have the following wording:

“Article 43. After consulting the Board of the Supreme Administrative Court, the President of the Republic of Poland shall specify by regulation the rules and regulations of the Supreme Administrative Court which shall specify the number of the positions of the judges in the Supreme Administrative Court not lower than 120, including the number of the positions of the vice-presidents of the Court and the number of the judges in individual chambers, the internal organization of the Supreme Administrative Court and the principles for internal proceeding, while considering the necessity to ensure the smooth functioning of the Supreme Administrative Courts, its chambers and bodies, the specifics of the proceedings conducted before the Supreme Administrative Court and the number and type of the examined cases.”;

8)    in Article 46 § 2, point 2 shall be repealed;

9)    in Article 47 § 1, point 2 shall be repealed;

10)    in Article 48, the following § 5 shall be added:

“§ 5. The President of the Republic of Poland may appoint the Extraordinary Disciplinary Commissioner from the judges of the administrative courts to conduct a certain disciplinary proceeding of the judge of the administrative court or of the court assessor. The appointment of the Extraordinary Disciplinary Commissioner shall be equivalent to the demand for taking up the explanatory proceeding. The Extraordinary Disciplinary Commissioner may initiate a disciplinary proceeding or joined the ongoing proceeding. The appointment of the Extraordinary Disciplinary Commissioner shall exclude the Disciplinary Commissioner of the Administrative Court or his or her deputy from doing any acts in the case. If justified, in particular in the case of death or the long-lasting obstacle in performing the function of the Extraordinary Disciplinary Commissioner, the President of the Republic of Poland shall appoint a different judge of the administrative court to replace him or her. The provisions on the acts done by the Disciplinary Commissioner of the Administrative Court or his or her deputy shall apply to the acts done by the Extraordinary Disciplinary Commissioner. The function of the Extraordinary Disciplinary Commissioner shall expire upon the entrance into force of the ruling on the rejection to initiate the disciplinary proceeding, the discontinuance of the disciplinary proceeding or the entrance into force of the ruling completing the disciplinary proceeding.”;

11)    Article 49 shall have the following wording:

“Article 49. § 1. The provisions on the Supreme Court shall apply to any matters not regulated herein, the Supreme Administrative Court and to the judges, officers and employees of the Court, while the provisions of the Act of 27 July 2001 – the Law on the organization of common courts shall apply to any matters not regulated therein. The rights of the First President of the Supreme Court specified in the provisions shall be due to the President of the Supreme Administrative Court.

  • 2. The provisions of Article 31 of the Act of 8 December 2017 on the Supreme Court shall apply to the nomination of candidates for the vacant position of the judge to be filled in in the Supreme Administrative Court.”.

Article 5. The Act of 12 May 2011 on the National Council of the Judiciary (Journal of Laws of 2019, items 84, 609, 730 and 914) shall be amended as follows:

1)    in Article 44:

  1. b) the following § 2a shall be added after § 2:

“2a. All the appeals raised by the participants of the same proceeding shall be examined jointly and decided on during one proceeding before the Supreme Court.”,

  1. b) the following § 3a shall be added after § 3:

“3a. In the cases concerning the resolutions on the appointment to fulfil the office of the judge of the common court, the Supreme Court shall make deliveries through the Council which makes the deliveries in the mode of Article 32 par. 1a subsequently.”;

2)    after Article 45, the following Articles 45a-45c shall be added: 

“Article 45a. It shall be inadmissible to examine the case concerning the resolution including the request to the President of the Republic of Poland for appointing a person for the position of the judge or the request for appointing a person for the position of the court assessor in the common court in case one of the persons specified in the resolution is appointed to the extent it refers to the appointment to the position. The request for the renewed examination of the case, as mentioned in Article 45, shall be left without examination to the extent it refers to the appointment to the position.

Article 45b. Shall the President of the Republic of Poland perform the appointment to the position of the judge, the proceeding concerning the appeal against the resolution of the National Council of the Judiciary in an individual case concerning the appointment to fulfil the office on the position shall be discontinued, to the extent concerning the resolution including the request for the appointment to the position. Shall the court accept the appeal of the participant of the proceeding concerning the candidates for the position of the judge, to the remaining extent the person may apply for the office in the following proceeding to fulfil the office on the position of the judge in the same or equivalent court, while the Council shall be obliged to consider the circumstance mentioned in the ruling of the court in the proceeding.

Article 45c. It is inadmissible that the National Council of the Judiciary resumes the proceeding or questions the resolution including the request for the appointment to the position of the judge, if the person nominated to the President of the Republic of Poland fulfils the formal conditions to fulfil the office of the judge, specified in the Constitution of the Republic of Poland, as of the date of the resolution of the National Council of the Judiciary.”.

Article 6. The Act of 28 January 2016 – the Law on the prosecutor’s office (Journal of Laws of 2019, item 740) shall be amended as follows:

1)    after Article 103, the following Article 103a shall be added:

“Article 103a. § 1. The prosecutor shall be obliged to submit a written declaration about: 

1)    the membership of a union, including an association – by indicating the name and seat of the union, the functions performed and the term of membership;

2)    the function performed in the body of the foundation which does not carry economic activity – by indicating the name and seat of the foundation and the term of performing the function;

3)    the membership of a political party before being appointed to the position of the prosecutor and during the term of office before 29 December 1989 – by indicating the name of the party, the functions performed and the term of membership.

  • 2. The prosecutors shall submit the declarations mentioned in § 1 to the competent regional prosecutor, district prosecutor, head of the unit committee or head of the unit vetting office.
  • 3. The prosecutors of the National Prosecutor’s Office, the prosecutors of the Chief Committee, the prosecutors of the Vetting Office, the regional prosecutors, the prosecutors of the Field Divisions of the Department for Organized Crimes and Corruption of the National Prosecutor’s Office, the regional prosecutors and the heads of the unit committees and the heads of the unit vetting offices shall submit the declarations mentioned in par. 1 to the National Prosecutor, while the Deputy General Prosecutors to the General Prosecutor.
  • 4. The declarations mentioned in § 1 shall be submitted within 30 days from the date of taking up the office of the prosecutor, and within 30 days from the occurrence or cessation of the events mentioned in § 1.
  • 5. The information included in the declarations mentioned in § 1 shall be public and shall be published in the Public Information Bulletin, as mentioned in the Act of 6 September 2001 on the access to public information, however not later than within 30 days from the submission of the declaration to the authorized entity.”;

2)    in Article 127, the following § 1a shall be added after § 1:

“§ 1a. The retirement of the prosecutor due to illness or the loss of strength shall take place upon the entrance into force of the certificated issued by the medical practitioner or by the medical committee of the Social Insurance Institution, which confirms the permanent incapacity to perform the duties of the prosecutor.”;

3)    in Article 137, § 1 shall have the following wording:

Ҥ 1. The prosecutor shall be disciplinary liable for his or her professional (disciplinary) misconduct, including:

1)    the obvious and gross erring in law;

2)    any actions or omissions which may make it impossible or significantly hinder the functioning of the body of the judiciary or of the prosecutor’s office;

3)    any actions questioning the existence of the service relationship of the judge or of the prosecutor, the effectiveness of the appointment of the judge or of the prosecutor or the power of the constitutional body of the Republic of Poland;

4)    the public activity which may not be reconciled with the principle of independence of the prosecutor; 

5)    violating the dignity of the office.”;

4)    in Article 142:

  1. a) in § 1, the following point 2a and 2b shall be added after point 2:

“2a) the decrease in the basic remuneration by 5%-50% for a period from six months to two years;

2b)    the pecuniary penalty in the amount of one-month basic remuneration to be paid out for the month preceding the final conviction, increased by the allowance due to the prosecutor for long-term service, the functional allowance and the special allowance;”,

  1. b) the following § 1a shall be added after § 1:

“§ 1a. The penalty mentioned in § 1 point 4 or 5 shall be imposed for the disciplinary misconduct mentioned in Article 137 § 1 points 2-4, while the penalty mentioned in § 1 points 2a, 2b or 3 shall be imposed for any lesser misconduct.”; The provision of § 5 shall not apply.”;

 5)    in Article 145:

  1. a) in § 1 point 1 letter b, the expression “and the matters mentioned in Article 137 § 1 point 3” shall be added after the expression “the request was submitted by the Supreme Court”,
  2. b) the following § 1a and 1b shall be added after § 1:

Ҥ 1a. In the cases mentioned in Article 135, the Supreme Court shall adjudicate in the composition of one judge of the Disciplinary Chamber in the first instance, and the Supreme Court in the composition of three judges of the Disciplinary Chamber in the second instance.

  • 1b. In the cases for which the Supreme Court is competent, the tasks of the president of the disciplinary court shall be performed by the President of the Supreme Court managing the Disciplinary Chamber.”;

6)    in Article 147, the following § 3 shall be added: 

“§ 3. During the absence of the chairman or of the deputy chairman of the Disciplinary Court by the General Prosecutor, his or her duties shall be performed by the longest serving judge of the court.”;

7)    in Article 155:

  1. b) the following § 2a shall be added after § 2:

“§ 2a. The disciplinary court shall summon the accused to submit explanations in writing or to indicate the defender, if nominated, within 14 days from the delivery date of the summons. The failure to submit explanations within the deadline shall not suspend the further proceeding.”,

  1. b) the following § 4 shall be added:

“§ 4. The disciplinary court shall conduct the proceeding irrespective of the unjustified absence of the notified accused or of his or her defender, unless that is contrary to the purpose of the conducted disciplinary proceeding.”;

8)    after Article 157, the following Article 157a shall be added: 

“Article 157a. The provision of Article 117 § 2 of the Act of 6 June 1997 – the Code of Criminal Procedure shall not apply to the matters regulated in this Chapter, unless the Act obliged to notify the participant about the date of the act of the proceeding and there is no evidence that he or she was notified about that.”;

9)    in Article 171, point 1 shall have the following wording:

“1)    the provisions of the general part of the Act of 6 June 1997 – the Criminal Code and the provisions of the Act of 6 June 1997 – the Code of Criminal Procedure, excluding Article 344a and Article 396a, shall apply to the disciplinary proceeding, including the unique nature of the disciplinary proceeding;”.

Article 7. The judge of the Supreme Court, the common court, the administrative court and the military court, including the retired judge, shall also be a person appointed to fulfil the office of the judge by the body authorized to make the appointment based on the provisions valid as of the date of appointment, the service relationship of whom did neither expire nor was terminated until the entrance into force of this Act.

Article 8. The provision of Article 55 § 4 of the Act amended in Article 1 shall also apply to the proceedings initiated or completed before the entrance into force of this Act.

Article 9. 1. The declaration mentioned in Article 88a of the Act amended in Article 1 and Article 103a § 1 of the Act amended in Article 6 shall be submitted by the judge of the Supreme Court, the administrative court, the common court or of the military court or by the prosecutor within 30 days from the entrance into force of the Act for the first time.

  1. The competent body shall publish the report mentioned in Article 88b of the Act amended in Article 1 in the Public Information Bulleting within thirty days from the entrance into force of the Act.

Article 10. 1. The provisions of the Act amended in Article 2 in the wording specified by this Act shall also apply to the cases which are examined by the Chamber of Extraordinary Control and Public Affairs of the Supreme Court, initiated and not completed by a final ruling, including the resolution, before the entrance into force of this Act.

  1. The court examining the case mentioned in par. 1 shall immediately, however not later than within 7 days from the entrance into force of this Act, refer the case to the Chamber of Extraordinary Control and Public Affairs of the Supreme Court which may annul the current acts provided that they do not hinder the further examination of the case in accordance with the Act.
  2. The court acts and the acts of the parties or of the participants of the proceedings in the cases mentioned in par. 1, initiated after the entrance into force of this Act in violation of the provision of par. 2, shall have no procedural impact.

Article 11. 1. The proceeding initiated before the entrance into force of this Act before the voivodeship administrative courts and before the Supreme Administrative Court concerning the opinion on the candidates for the positions of the judges of the voivodeship administrative courts and of the Supreme Administrative Court and the nomination of the candidates to the National Council of the Judiciary shall be discontinued by law.

  1. The documents concerning the candidates mentioned in par. 1, including the personal files, shall immediately, however not later than within 14 days from the entrance into force of this Act, be transferred by the competent president of the voivodeship administrative court or by the President of the Supreme Administrative Court to the National Council of the Judiciary to continue the proceeding and examine in accordance with the provisions of the Act amended in Article 4 in the wording specified by this Act.

Article 12. 1. The provision of Article 45c of the Act amended in Article 5 shall also apply to the proceedings and to the resolutions adopted by the National Council of the Judiciary before the entrance into force of this Act.

  1. The decision on granting the surety issued before the entrance into force of this Act in the proceeding initiated by the appeal against the resolution of the National Council of the Judiciary concerning the appointment to fulfil the office of the judge shall have no legal force and impact on the effectiveness of the appointment by the President of the Republic of Poland to fulfil the office of the judge, even if the appointment took place before the entrance into force of the Act.
  2. The proceeding concerning the appeal against the resolution of the National Council of the Judiciary in the individual case concerning the appointment to fulfil the office of the judge of the Supreme Court, if conducted in violation of Article 3 of the Act of 26 April 2019 on amending the Act on the National Council of the Judiciary and the Act – the Law on the organization of administrative courts (Journal of Laws item 914), shall be null and void.
  • 4. The court acts initiated before the entrance into force of the Act without the participation of their subject, in relation to the examination of the appeal against the resolution of the National Court of the Judiciary in the individual case concerning the appointment to fulfil the office of the judge, shall not have no legal force. The above also refers to the court acts initiated after the discontinuance of the provision by law, based on Article 3 of the Act mentioned in par. 1.

Article 13. The provisions of the internal operational rules and regulations of the Supreme Administrative Court shall be repealed upon the entrance into force of the Act, to the extent concerning the selection of the candidates for the position of the judge of the court. To the remaining extent, the rules and regulations specified based on the current provisions shall remain in force until new rules and regulations are specified.

Article 14. The provisions on the disciplinary liability in the current wording shall apply to the acts done before the entrance into force of this Act.

Article 15. The terms of office of the current boards of the common courts and of the boards of the military district courts shall expire upon the entrance into force of the Act. 

Article 16. The deputy disciplinary commissioners by the courts of appeal and the deputy disciplinary commissioners by the district courts, appointed based on the Act amended in Article 1 in the current wording, shall perform their function until the end of the term of office for which they were appointed.

Article 17. The Act shall enter into force upon the lapse of 7 days from the day of its promulgation, whereby the provisions of Article 4 points 6 and 7 shall enter into force upon the lapse of 3 months from the day of its promulgation.

 

 

    THE MARSHAL OF THE SEJM

 

    Elżbieta Witek