Assumptions and reality of judicial power – remarks on the 20th anniversary of the entry into force of the Constitution of the Third Polish Republic
The article is devoted to the constitutional regulation of the judiciary in Poland. The author discusses the basic normative solutions and analyzes the practice. The author notices a constant tendency of the executive branch to influence the activities of the courts. The actions taken by current state authorities (legislative and executive branches) against judicial power should be considered as unprecedented. Unconstitutional legislation and decisions taken by the legislative and executive authorities enabled, among others, dismissal of the presidents of common courts, partial exchange of judges of the Constitutional Tribunal and dismissal of 15 judges – members of the National Council of the Judiciary. It is also planned to release from the office of a significant part of Supreme Court judges. There is no doubt that all these activities lead to a violation of the independence of the courts and judges in Poland.
