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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
ABC (legislation since 1996, free): http://www.abc.com.pl/serwis/login.htm LexPolonica (leg. database): http://www.lexpolonica.pl II. CITATION GUIDE Polskie Prawo (leg. database): http://www.pp.pl There is no uniform code of citation in Poland. The following represents common citation practices. 1.0 Constitution Cite the Constitution formally by title and the Official Gazette (Dziennik Ustaw) in which it is published by abbreviated title (Dz. U.), year, number (NR #), and item (poz. #), followed by article and chapter (Rozdział) referenced: Tekst Konstytucji Rzeczypospolitej Polskiej ogłoszono w Dz.U. 1997, NR 78 poz. 483, Art. 163, Rozdział VII. Cite the Consitution informally by article and chapter (Rozdział) referenced, and abbreviated title: Art. 163, Rozdział VII, Konstytucja Rzeczypospolitej Polskiej. 2.0 Legislation 2.1 Statutes, Laws, and Decrees Cite statutes, laws, and decrees (collectively, legislation (Prawo Budowlane)) formally by title, and reporter in which it is publised (preferably the Official Gazette, Dziennik Ustaw, abbreviated “Dz. U”, cited in this context “r. Dz. U” ) by year, abbreviated title, number (Nr), and item (poz.) and article referenced (in parentheses): [Name of law] (2001 r. DZ. U. Nr 129, poz. 1439). Cite statutes, laws, and decrees informally by title of the reporter in which it is published, number (Nr.), and item (poz.) referenced. Alternatively, cite statutes, laws, and decrees by article referenced, reporter in which it is published by abbreviated title and number, and item (poz.) referenced: 2.2 Codes Dziennik Ustaw nr. 129, poz 1439. Art. 1, DZ. U. Nr 129, poz. 1439. Cite codes (Kodek) by article referenced and abbreviated title of the code: 151
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NEW YORK UNIVERSITY SCHOOL OF LAW J
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Contents FORWARD AND GENERAL INSTRU
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6.0 NEWSPAPERS AND WEEKLY JOURNALS
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JAPAN..............................
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9.0 CITATION OF ELECTRONIC MATERIAL
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II. CITATION GUIDE.................
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2.0 INTERNATIONAL CRIMINAL TRIBUNAL
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Forward and General Instructions Pu
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Acknowledgements Publication of the
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2 http://www.jus.gov.ar/ II. CITATI
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Courts of Ordinary Jurisdiction for
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III. SELECTED REFERENCES ENRIQUE R.
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The Federal Court of Australia was
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Generally, court names are not incl
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journal title (italicized), article
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authority to test the constitutiona
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16 Trial Court for cartels: Kartell
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There are two guides available for
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7.0 Official Publications Cite offi
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Internet Resources: 22 Federal Sena
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3.0 Jurisprudence Cite cases by typ
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26 CANADA I. COUNTRY PROFILE (Commo
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Cite laws by title (italicized), vo
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7.0 Official Publications Cite offi
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mainland China in 1997, but which k
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There is no comprehensive system of
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III. SELECTED REFERENCES WANG CHENG
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Administrative Court. Supreme Court
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Widely used monograph publications
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the other hand, do not bind Danish
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Regulations issued under the author
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46 Poul Nyrup, Europas Fremtid, tal
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handles cases involving the state.
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50 The official gazette of Egypt (a
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Internet Resource: 52 Parliament: h
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I. COUNTRY PROFILE (Civil Law) 54 F
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in the Statute Book, decisions of t
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I. COUNTRY PROFILE (Civil Law) 58 F
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2.1.1 Official Gazette Laws and dec
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62 Gazette du Palais (Gaz. Pal. or
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FRANÇOISE DREYFUS & FRANÇOIS D’
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of Justice (Bundesgerichtshof). In
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Many Federal Statutes can be found
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4.0 Books Cite books by name of the
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I. COUNTRY PROFILE (Civil Law) 72 G
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74 Ministerial Decision: Ypourgiki
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Cite articles in newspapers and wee
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78 Archive of Consultation (Green)
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80 Bendtzen, “The Double Marginal
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India does not have a uniform citat
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Previous reporters which no longer
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Cite articles in journals by name o
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support of the majority of the Hous
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Major law reporters are entitled an
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92 ISRAEL Medinat Israel (State of
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More formal citations, which includ
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Cite unpublished cases as if citing
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hears appeals from the Justice of t
Page 118 and 119: 3.0 Jurisprudence Cite cases by cou
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Page 122 and 123: exceptions, the Japanese government
Page 124 and 125: 6.0 Newspapers and Weekly Journals
Page 126 and 127: 2.0 Legislation Cite legislation by
Page 128 and 129: 110 MEXICO Estados Unidos Mexicanos
Page 130 and 131: 112 phraseology is allowed when the
Page 132 and 133: Cite only official reporters, the n
Page 134 and 135: JAMES E. HERGER, AN INTRODUCTION TO
Page 136 and 137: The Supreme Court is the highest co
Page 138 and 139: III. SELECTED REFERENCES DRISS BASR
Page 140 and 141: The highest court is the Supreme Co
Page 142 and 143: 3.1 Courts Ordinary Jurisdiction Co
Page 144 and 145: 126 NEW ZEALAND I. COUNTRY PROFILE
Page 146 and 147: Cite bills in the same way as acts
Page 148 and 149: Cite journal articles only availabl
Page 150 and 151: 132 NIGERIA Federal Republic of Nig
Page 152 and 153: 2.4 Edicts 134 Decree No.28 of 1970
Page 156 and 157: 3.1 Reporters The most common repor
Page 158 and 159: II. CITATION GUIDE There is no unif
Page 160 and 161: 4.0 Books 142 Khawaja Textile Mills
Page 162 and 163: 144 THE PHILIPPINES Republika ng Pi
Page 164 and 165: 2.3 Codes Cite codes by common titl
Page 166 and 167: 4.0 Books Cite books by volume (if
Page 170 and 171: 152 Art. 200 k.k. Alternatively, in
Page 172 and 173: 1.0 Constitution Cite the Constitut
Page 174 and 175: 8.0 Unpublished Materials Cite thes
Page 176 and 177: Rossiiskoi Federatsii). Ten Federal
Page 178 and 179: There are two main types of preside
Page 180 and 181: 6.0 Newspapers and Weekly Journals
Page 184 and 185: 166 SOUTH AFRICA Republic of South
Page 186 and 187: 3.0 Jurisprudence Cite cases by nam
Page 188 and 189: 170 SOUTH KOREA Taehan-min'guk (Rep
Page 190 and 191: 172 Code of Criminal Procedure (Hyo
Page 192 and 193: III. SELECTED REFERENCES SUPREME CO
Page 194 and 195: The autonomous communities operate
Page 196 and 197: 3.2 Reports When possible, cite to
Page 198 and 199: 180 Constitution Act: Regeringsform
Page 200 and 201: 182 SWITZERLAND Confédération Sui
Page 202 and 203: 2.2 Codes Cite codes by article and
Page 204 and 205: Tribunaux (JdT), La Semaine Judicia
Page 210 and 211: calendar, see Section 0.2 above), e
Page 212 and 213: 194 TANZANIA Jamhuri ya Muungano wa
Page 214 and 215: 3.2 Unreported Cases Cite unreporte
Page 216 and 217: 198 Parliament http://www.parliamen
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I. COUNTRY PROFILE (Civil Law) 200
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Other legislative sources of law us
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204 Lutfi Duran, “Anayasa Mahkeme
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206 UNITED KINGDOM I. COUNTRY PROFI
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2.0 Legislation Cite a statute by s
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(BCLC)). In such circumstances, it
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212 UNITED STATES OF AMERICA I. COU
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2.1 State and Territory Abbreviatio
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4.0 Books Cite books by name of the
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218 UNITED NATIONS & INTERNATIONAL
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They have wide-ranging internationa
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Alternatively, cite U.N. SCOR by vo
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2.3.1 Parent Organs The major paren
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2.3.6 Various Examples 226 A/52/4 [
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3.0 International Court of Justice
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Maritime Delimitation Between Guine
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III. SELECTED REFERENCES ROGER A. C
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European Coal and Steel Community (
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1.0 Basic Treaties Since most of th
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Beyond these more formal rules, aut
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Case 26/76 Metro SB-Grossmärkte Gm
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Case 168/78 Commission v France (Al
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Cases 48, 49, 51-57/69 Imperial Che
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I. ORGANIZATION PROFILE 246 WORLD T
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Final Act Embodying Uruguay Round:
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1.2 Subsequent or Informal Citation
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of GATT/WTO schedules into the Harm
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254 Treatment by Germany of Imports
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III. SELECTED REFERENCES JEANNE REH
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4.2 General Comments Cite general c
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260 III. HYBRID COURTS (Internation
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2.1.1 Unreported Decisions before N
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1.3 Separate Opinions Cite separate
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266 Significant Multilateral Treati
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3.0 Human Rights Convention on the
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11.2 Road Traffic Convention on Roa
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23.0 Antarctica Antarctic Treaty (W
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4.0 Relationship of International a
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12.0 State Responsibility Salem Cas
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21.0 International Trade Law [See t
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