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I. COUNTRY PROFILE (Civil Law)
150
POLAND
Rzeczpospolita Polska (Republic of Poland)
Poland is a republic comprised of sixteen Provinces (wojewodztwa). The Provinces are
further divided into Districts (poviates) and then into Communes (gmina). Poland became an
independent nation on November 11, 1918. Poland’s official language is Polish. Its legal system
is based on the civil law tradition. Poland is a Member State of the European Union.
The Polish Constitution, which became effective on October 17, 1997, establishes the
form of government. Executive power is vested in the President, who is the head of state, and
the Council of Ministers, which is headed by the Prime Minister and responsible to the Lower
House. The President is directly elected by the people to a five-year term. The Prime Minister is
appointed by the President and confirmed by the Lower House. Other Members of the Council
of Ministers are proposed by the Prime Minister, appointed by the President, and approved by
the Lower House.
Legislative power is vested in a bicameral legislature, which consists of the Lower House
(Sejm Rzeczypospolitej Polskieje or Sejm) and the Upper House (Senat Rzeczypospolitej
Polskieje or Senat). The 460 Members of the Lower House are elected by a complex system of
proportional representation to four-year terms. The 100 Members of the Upper House are
directly elected by the people on a provincial basis, with the exception of two Members who
represent ethnic minority parties. On rare occasions when the two houses meet jointly, the term
National Assembly (Zgromadzenie Narodowe) is used.
Judicial power is vested in the courts, which include the Constitutional Tribunal
(Trybunal Konstytucyjny), Supreme Court (Sad Najwyzszy), and other common and special
courts. The Constitutional Tribunal adjudicates cases that deal with political and criminal
infringements of the Constitution or other laws by high-ranking state officials. The Supreme
Court is Poland’s highest court of appeal. Judges of the Supreme Court are appointed by the
President based on recommendations by the National Council of the Judiciary to indefinite terms.
Judges of the Constitutional Tribunal are appointed by the Lower House to nine-year terms.
Common courts include Courts of Appeal, Provincial Courts, and District Courts. The
District Courts are courts of first instance for a wide variety of cases, including criminal, civil,
commercial, labor, family, land, and mortgage matters. Each District Court has jurisdiction over
several counties. The Provincial Courts are established for one or several Regions (voievodes).
These courts have jurisdiction over appeals against decisions of the District Courts and also serve
as courts of first instance for specific cases as defined by law (usually more serious or
complicated cases involving serious crimes, complex civil suits, etc.). The Provincial Courts
also include specific departments which hear commercial cases (Commercial Courts). The
Courts of Appeal hear appeals from decisions of the Provincial Courts. The Courts of Appeal are
established for one or several voievodes. Finally, the Supreme Administrative Court has
jurisdiction to review administrative acts.
Internet Resources:
Official Site:
http://www.poland.pl
Polish Parliament:
http://www.sejm.gov.pl
Biblioteka Kodeksó (Codes):
http://www.kul.lubin.pl/~fajgiel/kodx.htm