The Supreme Court Act of November 23, 2002
Chapter 1
General Provisions
Art.1. The Supreme Court shall be a judicial body appointed to perform the task of : 1) administration of justice by means of : a) exercising supervision over the common and the military courts’ judicial decisions, in order to safeguard their compliance with law and to ensure their uniformity; to do this, the Supreme Court shall take cognisance of ultimate appeals (cassation) and of other means of appeal, b) adopting resolutions resolving legal issues, c) resolving other matters provided for by statutory law ;
2) examination of protests concerning the elections and determination of the validity of the elections to the Sejm, the Senate, the election of the President of the Republic, and the validity of the national or the constitutional referendum ;
3) expression of opinions about draft statutes and other normative acts of law, which are to constitute the bases for the decision-making and the functioning of the courts, as well as about other acts of law which the Supreme Court shall think fit ;
4) performance of other acts provided for by law.
Art. 2. The Supreme Court shall have its seat in Warsaw.
Art. 3. § 1.The Supreme Court shall be divided into the following Chambers : 1) the Civil Law Chamber ;
2) the Criminal Law Chamber ;
3) the Labour Law, Social Security and Public Affairs Chamber ;
4) the Military Chamber.
§ 2. The internal organisation of the Supreme Court, the allocation of particular cases to appropriate Chambers and the Supreme Court’s internal procedure shall be governed by the Supreme Court by-laws, which shall be adopted by the General Assembly of Justices of the Supreme Court.
§ 3. The Supreme Court by-laws shall be published in Dziennik Urzedowy Rzeczypospolitej Polskiej “Monitor Polski” (Official Gazette of the Republic of Poland).
Art. 4. § 1. Each year, the First President of the Supreme Court shall provide the President of the Republic and the National Council for Judicature with the information about the Supreme Court performance and about any material issues arising from it.
§ 2. The First President of the Supreme Court shall submit the information referred to in § 1 also to the Sejm and the Senate. The said information shall not be put to vote.
Art. 5. The First President of the Supreme Court shall provide competent bodies with the opinions about the irregularities or lacunas revealed in law which must be remedied in order to secure the cohesion of the Polish legal system.
Art. 6. § 1. The minister competent over public finance shall incorporate a draft of the Supreme Court income and expenditure, in the wording approved by resolution of the Board of the Supreme Court (Kolegium), in the draft state budget.
§ 2. As regards the implementation of the Supreme Court budget, the First President of the Supreme Court shall have the powers of the minister competent over public finance.
Art. 7. § 1. The Supreme Court shall publish a collection of its decisions. § 2. The title of the collection, “The Supreme Court Decisions”, with indicated Chamber, shall be protected by law.
Art. 8. § 1. Any matters not governed by statutory law, shall be governed accordingly by the Common Courts System Act of July 27, 2001 (Dz. U. No. 98, item 1070 and No. 154, item 1787 and of 2002 – No. 153, item 1271 and No.213, item 1802).
§ 2. Any matters regarding the Supreme Court employees not being judges, if not governed by statutory law, shall be governed accordingly by the Employees of State Offices Act of September 16, 1982 ( Dz. U. Of 2001 No. 86, item 953, No. 98, item 1071, No. 123, item 1353 and No. 128, item 1403, and of 2002 – No. 1, item 18 and No. 153, item 1271), and if not by that act – by the Labour Code Act.
Chapter 2 The Supreme Court Bodies
Art. 9. The following shall be the Supreme Court bodies: The First President of the Supreme Court, a President of the Supreme Court, the General Assembly of the Justices of the Supreme Court, an assembly of the Justices of a Supreme Court Chamber, the Board of the Supreme Court.
Art. 10. The First President of the Supreme Court shall be appointed by the President of the Republic from among acting Justices of the Supreme Court for a six-year term of office.
Art. 11. § 1. The First President of the Supreme Court shall be the Supreme Court manager and representative; he/she shall perform the acts specified by statutory law, the by-laws and by other normative acts.
§ 2. Acting upon a relevant motion lodged by a President of the Supreme Court, the First President of the Supreme Court shall appoint, or revoke, the heads of departments of the Chambers.
§ 3. The First President of the Supreme Court shall submit the draft of the information referred to in Art. 4. § 1 to the General Assembly of the Justices of the Supreme Court.
§ 4. If absent, the First President of the Supreme Court, shall be substituted by a President of the Supreme Court designated by the First President of the Supreme Court and, should such a designation be impossible, shall be substituted by the President of the Supreme Court of the longest period of service as a judge.
Art. 12. In the proceedings before the Constitutional Court, the Supreme Court may be represented by the First President of the Supreme Court or by a person designated by him/her.
Art.13. § 1. A President of the Supreme Court shall act as a deputy of the First President of the Supreme Court. A President of the Supreme Court shall be the manager of a particular Chamber.
§ 2. A President of the Supreme Court shall be appointed from among acting Justices of the Supreme Court, or revoked, by the President of the Republic, who shall act upon a relevant motion lodged by the First President of the Supreme Court.
Art. 14. All acting Justices of the Supreme Court shall constitute a self-government. Judges delegated to the Supreme Court to serve as Justices, shall not be members of the self-government.
Art. 15. The following shall be the self-government bodies: the General Assembly of the Justices of the Supreme Court, an assembly of the Justices of a Supreme Court Chamber, the Supreme Court Board.
Art.16. § 1. The General Assembly of the Justices of the Supreme Court shall perform the following tasks :
1) adopt the rules of procedure regulating the selection of the candidates to for Justices of the Supreme Court, candidates for the First President of the Supreme Court and the members of the National Council for the Judicature ;
2) select the candidates for Justices ;
3) select two candidates for the First President of the Supreme Court and propose them to the President of the Republic;
4) select two members of the National Council for the Judicature ;
5) consider and approve the draft of the First President’s of the Supreme Court information about the Supreme Court performance and about any material problems which might have arisen from current court decisions ;
6) adopt resolutions on other essential Supreme Court issues ;
7) recognise other matters upon the initiative of the First President of the Supreme Court, Presidents of the Supreme Court, the Board of the Supreme Court or upon the initiative of at least ten Justices.
§ 2. The First President of the Supreme Court shall be the chairman of the General Assembly of the Justices of the Supreme Court.
§ 3. The General Assembly of the Justices of the Supreme Court shall adopt resolutions in the presence of at least 2/3 of the Justices of each Chamber. The resolutions shall pass if adopted by a simple majority of votes. The voting shall be secret if concerning the matters referred to in § 1 points 2 to 4, and if requested by at least one of the participant members of the General Assembly of the Supreme Court.
Art. 17. The First President of the Supreme Court shall invite the President of the Republic and representatives of other public bodies to participate in the General Assembly of the Justices of the Supreme Court which has been convened in order to be presented with the information about the Supreme Court performance and about any problematic issues concerning its decisions.
Art. 18. § 1. An assembly of the Justices of a Supreme Court Chamber shall perform the following tasks :
1) discuss and approve the draft of the annual information on the performance of the Chamber and about any material problems arising from the Chamber’s decisions ;
2) give opinion about the candidates for a Justice ;
3) give opinion about the candidate for a President of the Supreme Court proposed by the First President of the Supreme Court ;
4) give opinion about the candidates for the heads of the departments, proposed by a President of the Supreme Court ;
5) select two members and a deputy member of the Board of the Supreme Court ;
6) recognise other issues concerning the functioning of the Chamber.
§ 2. The President of the Supreme Court being the manager of a particular Chamber shall be the chairman of an assembly of the Justices of a Supreme Court Chamber.
§ 3. Article 16 § 3 shall apply accordingly provided that the vote is secret if concerning the matters referred to in § 1 points 2 to 5.
Art. 19. § 1. The Board of the Supreme Court shall be composed of: the First President of the Supreme Court, Presidents of the Supreme Court, and the Justices, selected by the assemblies of the Supreme Court Chamber Justices for the term of three years.
§ 2. The First President of the Supreme Court shall be the chairman of the Board of the Supreme Court.
§ 3. The Board of the Supreme Court resolutions shall pass if taken by a simple majority of votes in the presence of at least 2/3 members of the Board. In the case the numbers of the votes for and the votes against are equal, the casting vote shall be that of the chairman.
Art. 20. § 1. The Board of the Supreme Court shall express opinions regarding the issues concerning the performance of the Supreme Court activity and, shall co-operate with the First President of the Supreme Court with the view to secure the proper functioning of the Supreme Court.
§ 2. The Board of the Supreme Court shall in particular :
1) decide about the appropriation of the tasks in the Supreme Court ;
2) make decisions concerning the internal organisational structure of the Supreme Court ;
3) give opinion about the draft bylaws referred to in Art. 3 § 2 and Art. 16 § 1 point 1, and about the First President’s of the Supreme Court instructions concerning the organisation and the scope of activity of the court secretariats and of other Supreme Court administrative units ;
4) give opinion about the candidates for the Presidents of the Supreme Court ;
5) give opinion about the candidates for the managerial posts in the administrative units referred to in point 3 ;
6) adopt the rules of the drawing of lots referred to in Art. 53 § 3 ;
7) adopt the organisational rules of the First President of the Supreme Court Chancellery and of the Supreme Court Research and Analyses Office.
Chapter 3
Establishing the service relationship of a Justice, its changing and its terminating
Art. 21. A Justice shall perform his or her function after being appointed a Justice by the President of the Republic of Poland, upon the motion of the National Council for the Judicature.
Art. 22. § 1. A Justice of the Supreme Court may be a person who :
1) is a Polish citizen and enjoys full civil and full public rights ;
2) is a person of integrity ;
3) has completed the higher school of law in Poland and has obtained the title of “magister” (graduate), or the higher school of law abroad which has been recognised in Poland ;
4) distinguishes himself or herself by a high level of juridical knowledge ;
5) is fit, as regards health condition, to perform the tasks constituting Justice’s duties ;
6) has held – for at least ten years – the post of a judge, public prosecutor, has worked in Poland as an advocate, legal advisor or notary public.
§ 2. The condition provided for in § 1 point 6, shall not apply to professors or doctors habilitated of law employed in the Polish schools of higher education, the Polish Academy of Sciences or other academic or research units.
Art. 23. The number of the Justices of the Supreme Court, including the number of the Supreme Court Presidents, shall be determined, by regulation, by the President of the Republic acting upon a motion of the General Assembly of the Supreme Court.
Art. 24. § 1. The First President of the Supreme Court shall announce, in Dziennik Urzedowy “Monitor Polski” (the Official Gazette of the Republic of Poland), the number of the posts to be occupied by Justices of the Supreme Court. The number of the posts to be occupied by Justices of the Supreme Court shall be determined by the Board of the Supreme Court.
§ 2. Each person satisfying the requirements of the post of a Justice shall be entitled to propose their candidature, within a month following the announcement referred to in § 1.
§ 3. The candidature is to be presented to the First President of the Supreme Court in the form of an application for the vacant post of a Justice together with, save where the candidate is a judge or a public prosecutor, relevant information about the candidate issued by the National Criminal Record, and with a relevant certificate confirming the candidate’s ability to perform the tasks of a Justice, as far as the candidate’s health is concerned.
§ 4. After making sure that the candidate satisfies prescribed requirements, the First President of the Supreme Court shall present the candidature, together with the evaluation of the candidate’s qualifications, to the relevant Supreme Court Chamber.
§ 5. The First President of the Supreme Court shall fix the date of the General Assembly of the Justices of the Supreme Court at which the candidate shall be presented. If there are more than one applications for one vacant post of a Justice, all candidatures shall be discussed at the same meeting of the Assembly.
§ 6. The First President of the Supreme Court shall announce the results of the vote taken by the General Assembly of the Justices of the Supreme Court in order to select, no more than two, candidates for the vacant post of a Justice, to the National Council for the Judicature.
Art. 25. Relatives, up to the second degree of kinship, or to the first degree of affinity, and spouses, shall not hold judicial posts in the same Supreme Court Chamber, neither shall they be members of the same bench, nor be directly subordinated.
Art. 26. § 1. The service relationship of a Justice shall be effective beginning from the date of delivery of the official notification on his/her appointment.
§ 2. A Justice should turn out for work in the fourteen-day term after the date of delivery the official notification on his/her appointment.
§ 3.In the event of an unjustified failure to observe the term referred to in § 2, the appointment shall become invalid; such a fact shall be ascertained by the First President of the Supreme Court.
Art. 27. § 1. Upon the appointment, a Justice shall take the solemn affirmation before the President of the Republic, according to the following formula : “I affirm solemnly, holding the post of the Justice entrusted to me, to serve faithfully to the Republic of Poland, to guard the law, to perform scrupulously the duties arising from my position, to administer justice, without any bias, according to my conscience and to the rules of law, to keep the State and professional secrets, and to be guided by the principles of dignity and honesty”; the person taking this affirmation may finish it by saying the words “So help me God”.
§ 2. A refusal to take the above affirmation shall be understood as a resignation from the post of a Justice.
Art. 28. § 1. An appointed Justice shall take over the post at the Supreme Court Chamber which shall be designated by the General Assembly of the Supreme Court Justices.
§ 2. The number of the Justices of the Military Chamber, occupying the posts referred to in Art. 22 § 1 point 6 and § 2, who have not done the professional military service, may not be higher than half the number of the Justices of that Chamber.
§ 3. The First President of the Supreme Court may, upon consent of the general assembly of a Chamber, delegate a Justice, who has given his/her consent, to a post at another Chamber.
§ 4. The First President of the Supreme Court may delegate a Justice to participate in recognising a particular matter at another Chamber or, upon consent of that Justice, to take judicial decisions at another Chamber for a particular period of time. A delegation of a Justice to taking judicial decisions at another Chamber, without his/her consent, may not be for a period longer than 6 months a year.
Art. 29. § 1. The service relationship of a Justice shall expire in the event of : 1) his/her death ; 2) his/her resignation from the office or retirement ; 3) a valid judicial decision to impose on him/her the penalty in the form of depriving him /her of public rights or putting a ban on his/her occupying judicial positions ; 4) a valid disciplinary court decision on his/her dismissal from the office ; 5) the loss of nationality.
§ 2. The First President of the Supreme Court shall fix the date of expiration of the service relationship in the events referred to in § 1. point 2. The said date may not fall later than three months after the date of the written statement on resignation from the office held or from the status of a retired Justice. The First President of the Supreme Court shall notify the National Council for the Judicature and the President of the Republic about the resignation of the Justice from his/her office.
§ 3. The Supreme Court Justice who has resigned from the office or from the status of a retired Justice, shall have the right to be entered on the list of advocates or legal advisors without the limitations referred to in the regulations on the advocature and legal advisors regarding other judges.
Art. 30. § 1. A Justice shall retire upon attainment of seventy years of age.
§ 2. Upon request of a Justice, he/she shall retire after : 1) attainment of 65 years of age,
2) attainment of 60 years of age, if he/she has worked as a Supreme Court Justice for the period which is no shorter than 9 years.
Art. 31. § 1. A Justice himself/herself, or the board of the Supreme Court, shall lodge a motion for granting him/her the retirement if, due to illness or fall of forces, he/she has been decided to be permanently unable to perform the duties of a Justice; such a decision is to be made by a doctor of the Social Insurance Institution which has been appointed to do the same.
§ 2. A motion for examining the Justice’s ability to perform his/her duties may be lodged by a Justice himself/herself or by the Board of the Supreme Court.
§ 3. A Justice may be granted retirement upon a relevant motion of the Board of the Supreme Court if, due to illness or paid sick leave he/she has not carried on his/her duties continuously for the period of one year. The previous interruptions of the service caused by an illness or paid leave for improvement of health shall be included if the period of his/her active service did not exceed thirty days.
§ 4. A Justice may be granted the retirement if, without giving the reasons, he/she has not put himself/herself to the examination referred to in § 2, such an examination being requested by the Board of the Supreme Court.
§ 5. Matters concerning granting a Justice the retirement referred to in §§ 1, 3, and 4, shall be resolved by resolution by the National Council for the Judicature acting upon a request of the Board of the Justices of the Supreme Court.
§ 6. The resolution of the National Council for the Judicature concerning the matters referred to in § 5, may be appealed against with the Supreme Court.
§ 7. The appeal shall be lodged by means of the National Council for the Judicature, within one month following the date of servicing the resolution on the applicant. The right of appeal shall be vested in the Justice and, if in the matters contained in the motion lodged by the Board of the Supreme Court, in that Board.
Art. 32. § 1. The retirement granted to a Justice becomes effective on the date indicated by the First President of the Supreme Court.
Art. 33. § 1.The Minister of Justice shall, upon a relevant motion of the First President of the Supreme Court, be empowered to delegate a judge of a court of appeal or a circuit court - for a period no longer than two years, to carry on the judicial duties in the Supreme Court. Such a delegation shall require the consent of the judge in question.
§ 2. As regards a judge of a military circuit court, the power of the Minister of Justice referred to in § 1 in respect of, shall be vested in the Minister of Justice, upon consultation with the Minister of National Defence.
§ 3. During the period of his/her delegation to perform judicial duties in the Supreme Court, the regulations specifying the rights and duties of a Justice shall apply to the judge delegated to carry on those duties.
§ 4. Upon a relevant motion of the First President of the Supreme Court, the Minister of Justice shall be empowered to delegate a common court judge - for an unspecified period of time, to perform the function of an assistant of a Justice of the Supreme Court and to perform other activities in the Supreme Court. Such a delegation shall require the consent of the judge in question.
§ 5. After three months of the date of his/her delegation to perform the activities referred to in § 1, during the remaining period of the delegation, a judge of a court of appeal shall be entitled to be paid a base salary rate equal to that of a Justice of the Supreme Court, while a judge of a circuit court shall be entitled to be paid the salary which shall be equal to the salary of a judge of a court of appeal, unless the salary hitherto paid to him/her is higher than the salary which he/she is entitled to be paid at the Supreme Court.
§ 6. The principles of remuneration, referred to in § 5, shall apply to the judges delegated to perform the functions and activities referred to in § 4, with the reservation that a judge of a court of appeal shall be entitled to receive the rate of salary which shall be the next higher rate, save the salary of a Justice of the Supreme Court, while a district court judge shall be entitled to the salary equal to that of a circuit court judge.
§ 7. The power to delegate, referred to in § 4, in respect of a military court judge shall be vested in the Minister of Justice, upon consultation with the Minister of National Defence. Provisions of §§ 5 and 6 shall apply accordingly.
Chapter 4
The rights and duties of a Justice
Art. 34. § 1. A Justice is obliged to perform his/her conduct with observance of the oath of a Justice.
§ 2. A Justice is obliged to safeguard the values relating to exercising the judicial power and to avoid anything that could prejudice the dignity of the office or the trust in its independence.
Art. 35. § 1. A Justice is obliged to keep secret the facts of the case which have been made known to him/her as a result of holding the judicial position in another way than during an open court trial.
§ 2. The obligation to keep facts secret shall survive the term of his/her service relationship.
§ 3. The Justice’s obligation to keep facts secret shall cease while he/she is making depositions before the court as a witness, unless disclosing the secret prejudices the state’s good or a material private interest which does not coincide with the purposes of the administration of justice. In such a case, the First President of the Supreme Court may free a Justice from the obligation to keep facts secret.
§ 4. Justices are not subject to checking proceedings under the regulations concerning protection of secret information.
Art. 36 The working hours of a Justice shall be determined according to his/her duties.
Art. 37. § 1. A Justice may not contract another service or labour relationship, except that of a teacher, scholar teacher or scholar, in the aggregate number of working hours not exceeding the number of working hours of a full time employee holding such a post.
§ 2. Neither may a Justice take other jobs or gainful occupations, which could obstruct performing the duties of a Justice, weaken the trust in his/her independence or prejudice the dignity of the office of a Justice.
§ 3. A Justice may not :
1) be a member of a management board, supervisory board or auditing committee of a commercial law company ;
2) be a member of a management board, supervisory board or auditing committee of a cooperative ;
3) be a member of a foundation conducting business activity ;
4) hold more than 10% shares in a commercial law company or more than 10% of its share capital ;
5) conduct a business activity on own account or on joint account of other persons, or be a manager, representative or proxy in respect of such business operations.
§ 4. A Justice shall inform the First President of the Supreme Court of his/her intention to undertake and of the fact of undertaking another job or gainful occupation. The First President of the Supreme Court may make the decision opposing undertaking another job or occupation by a Justice if in his/her opinion undertaking or continuing it could obstruct the performance of the duties of a Justice, weakens the trust in his/her independence or prejudices the dignity of the office of a Justice.
§ 5. If the First President of the Supreme Court has made the decision referred to in § 4, upon the Justice’s request, the matter in question shall be resolved by the Board of the Supreme Court.
§ 6. The provisions of §§ 1 to 5 shall apply to retired Justices accordingly. Art. 38. Justices shall submit to the First President of the Supreme Court the financial statements referred to in Article 87 of the Common Courts System Act of July 27, 2001. The First President of the Supreme Court shall examine the contents of the said financial statements.
Art. 39. A Justice may adjudicate at the Supreme Court only.
Art. 40. § 1. A Justice may lodge demands, motions or complaints concerning his/her service relationship only with a President of the Supreme Court or the First President of the Supreme Court.
§ 2. A Justice may not refer to third institutions or third persons in this regard, nor make the matter in question, public.
§ 3. Any disputes arising from or pertaining to the service relationship of a Justice shall be resolved by labour law courts.
Art. 41. A Justice shall immediately inform the First President of the Supreme Court about becoming a party or a participant of any court action.
Art. 42. § 1. The Justice’s basic remuneration shall not be lower than the basic remuneration of a judge of a court of appeal increased by 50%.
§ 2.The Justice’s remuneration shall be set at the base rate or at the bonus rate. The bonus rate shall be 115% of the base rate.
§ 3. Upon taking its post, a Justice shall receive the base rate basic remuneration. After seven years following taking the post of a Justice remunerated at the base rate, his/her remuneration shall be increased up to the bonus rate.
§ 4. Due to performance of his/her function, a Justice shall be entitled to receive a functional supplement, calculated pro rata to the base amount fixed for the given year as provided for in the provisions on the structure of the remuneration in the state budget sector.
§ 5. The President of the Republic, upon consultation with the national Council for the Judicature, shall, by regulation, fix the Justice’s basic remuneration calculation factor and the rate of the functional supplement.
Art. 43. A Justice shall be entitled to receive a seniority allowance, in the amount of 1% of his/her basic remuneration for each year, no higher, however, than 20%. The period of work taken into account at the calculation of the said supplement shall include the period of the Justice’s service or labour relationship preceding his/her appointment as a Justice, as well as the period of his/her functioning as an advocate, legal advisor or notary public.
Art. 44. § 1. A justice shall be entitled to receive an anniversary gratification in the amount as follows :
1) 100% of the monthly remuneration – after twenty years of work ;
2) 150% of the monthly remuneration – after twenty five years of work ;
3) 200% of the monthly remuneration – after thirty years of work ;
4) 250% of the monthly remuneration – after thirty five years of work ;
5) 350% of the monthly remuneration – after forty years of work ;
6) 400% of the monthly remuneration – after forty five years of work.
§ 2. The period of work entitling to receive an anniversary gratification shall include all previous periods of employment, also the period of doing the profession of an advocate or a notary public, and other periods, under separate regulations accounted for the period of work constituting the basis of the employee’s rights.
Art. 45. § 1. A Justice shall be entitled to take an additional 12-working-day leave a year.
§ 2.A Justice may, upon his/her request, take a paid leave for improvement of health.
§ 3. The leave for improvement of health may not be longer than six months.
§ 4. A Justice may not take the leave for improvement of health if, by reason of illness, he/she has not performed his/her duties for a year. The annual period of the absence from performing the duties by reason of illness shall comprise the period of a previous such absence and the period of the paid leave for improvement of health if the number of the days of active performance of service has not been higher than 30.
§ 5. A Justice shall receive his/her remuneration during the period of absence from work by reason of illness, no longer, however, than for a year.
§ 6. In the event a Justice is unable to perform work for other reasons, entitling him/her to receive the benefits specified in the regulations concerning pecuniary benefits under the social insurance system, he/she shall be entitled to receive the remuneration in the amount equal to the social insurance pecuniary benefits, for the period as provided for in those regulations.
§ 7. Other justified absences of a Justice from work shall be paid.
§ 8. Where the employees covered by the social insurance system are entitled to receive benefits irrespective of their right to receive the remuneration, the Justice shall be entitled to receive a pecuniary benefit in the amount equal to the social insurance benefit.
Art. 46. § 1. A Justice who has become appointed, designated or selected to perform a function in a state agency, diplomatic or consular service or a body of an international or supranational organisation conducting activity pursuant to international agreements ratified by the Republic of Poland, he/she shall immediately resign from his/her office.
§ 2. The Justice who has resigned from his/her office by the reasons specified in § 1, shall have the right to return to his/her post of a Justice, if the period for which his/her performance of the duties of a Justice has been terminated, is no longer than nine years, save when a Justice has performed judicial or public prosecutor’s functions in international or supranational judicial bodies.
§ 3. In the case as in § 2, the National Council for the Judicature, on the initiative of the person in question, shall submit a motion for his/her designation to perform the duties of a Justice to the President of the Republic.
§ 4. Should the submission of the motion referred to in § 3 be refused, the person in question shall be entitled to lodge with the Supreme Court his/her appeal.
Art. 47. § 1. A Justice should reside in Warsaw. The First President of the Supreme Court may accept a Justice’s residing at another location.
§ 2.A Justice living at another location shall be entitled to gratuitous lodging in Warsaw, reimbursement of the travel costs and to a separation-from-family allowance on the principles set by law regarding the amounts and conditions of benefits granted to civil servants delegated to work at another location.
Art. 48. A retiring Justice shall be entitled to receive a single severance pay equal to his/her six-month salary.
Art. 49. § 1. A Justice may not be deprived of liberty or made liable to criminal responsibility without a relevant permission of a disciplinary court. The above does not apply to the arrest flagrante delicto, if arresting a Justice is necessary for the proper conduct of court proceedings. Until taking a resolution allowing making a Justice liable to responsibility, the acts to be performed shall only be those of utmost urgency.
§ 2. The fact of a Justice being arrested shall, immediately, be made known to the First President of the Supreme Court who may order his/her immediate release.
§ 3. Within the period of seven days following the date of the service of the resolution refusing to give consent to making a Justice liable to responsibility, the body or the person who has applied for it, and the disciplinary commissioner, shall be entitled to lodge a relevant complaint with a higher instance disciplinary court. The Justice in question shall have seven days to lodge a complaint against the resolution giving consent to making him/her liable to responsibility.
Art. 50. § 1. A retired Justice shall be entitled to receive a pay equal to 75% of the last collected basic remuneration and seniority allowance. The above-said pay shall be subject to valuation on the dates and in the amounts correlated with the changes of the basic remuneration of acting Justices.
Art. 51. § 1. The Supreme Court shall employ assistants to Justices. The assistants shall have academic legal qualifications.
§ 2. The detailed assistant’s job description shall be set forth in the Supreme Court by-laws.
Chapter 5
Disciplinary responsibility
Art. 52. § 1. A Justice shall take disciplinary responsibility for offences against the rules of the service and for the failure to keep the dignity of his/her position.
§ 2. A Justice shall also take disciplinary responsibility for his/her conduct before taking his/her current post, if he/she has offended a duty of a civil servant or appeared to be unworthy to hold a judicial post.
§ 3.A responsibility of a Justice who has committed a petty offence may only be a disciplinary responsibility.
Art. 53. § 1. The following disciplinary courts shall be set up to hear disciplinary cases against Justices :
1) in the lower instance – the Supreme Court in a bench of three Justices ;
2) in the higher instance – the Supreme Court in a bench of seven Justices.
§ 2. All Justices are entitled to adjudicate as a disciplinary court, except for the First President of the Supreme Court, Presidents of the Supreme Court, the Disciplinary Commissioner of the Supreme Court and his/her deputy.
§ 3. The composition of the disciplinary court shall be determined by the Board of the Supreme Court who shall draw lots from among the Justices who have been entered on the list Justices, provided, however, that at least one of the disciplinary court Justices permanently adjudicates in criminal cases. The above described disciplinary court shall be chaired by the Justice who has longest been on service.
Art. 54. The Supreme Court Disciplinary Commissioner and his/her deputy shall be elected by the Board of the Supreme Court the term of four years.
Art. 55. § 1. The disciplinary penalties shall be as follows :
1) warning,
2) reprimand,
3) dismissal from the post held,
4) removal from the judicial service.
§ 2. The person who has been penalised with the disciplinary penalty referred to in § 1 point 2, shall be deprived of a possibility to sit on the Board of the Supreme Court, to adjudicate as a disciplinary court member or to perform his/her duties for a period of three years.
§ 3. The consequences of the disciplinary penalty referred to in § 1 point 3 shall be as those referred to in § 2, for the period of five years.
§ 4. The disciplinary penalty referred to in § 1 point 4, shall exclude the reinstatement of the person subject to it in the post of a Justice.
§ 5. In the case of a disciplinary misconduct or an offence of lesser gravity, the disciplinary court may refrain from imposing a penalty.
Art. 56. § 1. The Supreme Court Disciplinary Commissioner shall act in this capacity on a relevant motion of the First President of the Supreme Court, of the Board of the Supreme Court or on his/her own initiative, after preliminary clarification of the circumstances which will be indispensable for establishing the attributes of misconduct, and after the Justice’s deposition, unless making such a deposition is impossible.
§ 2. After the proceedings referred to in § 1, there being grounds for instituting disciplinary proceedings, the Supreme Court Disciplinary Commissioner shall institute the disciplinary proceedings and shall provide the Justice in question with written charges. After being provided with the charges, within fourteen days, the defendant Justice shall be entitled to make explanations and to apply for hearing the evidence.
§ 3. After the elapse of the period referred to in § 2. and, if necessary, after hearing further evidence, the Supreme Court Disciplinary Commissioner shall apply to the lower instance court for recognition of the disciplinary case in question. The application should specify the allegedly committed act and the reasons for the application.
§ 4. Should the Supreme Court Disciplinary Commissioner not find sufficient grounds for instituting the disciplinary proceedings requested by an authorised body, he/she shall make the decision to refuse their institution. Within seven days following the service of that decision on the body which has requested the institution of disciplinary proceedings, the requesting body shall be entitled to lodge with the lower instance disciplinary court a complaint.
§ 5. The complaint should be recognised within fourteen days following the date of its lodgement. Should the decision in question be reversed, the Supreme Court Disciplinary Commissioner shall be bound by the disciplinary court’s instructions regarding further proceedings.
§ 6. The disciplinary decisions shall not be subject to cassation.
Chapter 6
Proceedings before the Supreme Court
Art. 57. Unless the statutory law provides for otherwise, the Supreme Court decisions shall be made by a bench of three Justices.
Art. 58. Only one judge delegated to perform judicial duties at the Supreme Court may be a member of a Supreme Court adjudicating bench. Such a delegated judge may not be the chairman of the bench.
Art. 59. If, while recognising cassation or another appeal, the Supreme Court has serious doubts as regards the interpretation of law, it may adjourn the recognition of the case and submit the relevant legal issue for resolution to a bench of seven Justices.
Art. 60. § 1. Should there be discrepancies between the decisions of the common courts, military courts or the Supreme Court, the First President of the Supreme court may request their resolution by the Supreme Court in a bench of seven Justices, or in another required composition.
§ 2. The request referred to in § 1, may also be lodged by the Spokesman for Citizens’ Rights, the Public Prosecutor General or, within his/her competence, by the Spokesman for the Insured.
Art. 61. § 1. If a Supreme Court bench decides that the submitted issue requires clarification, and that the revealed discrepancies require resolution, it shall adopt a relevant resolution. In an opposite situation, it shall refuse to adopt a resolution or, if taking a resolution has become irrelevant – it shall discontinue the proceedings.
§ 2. If the bench of seven Justices finds it justified from the point of view of the court practice or the gravity of the doubts, it may submit the legal issue or the motion in question for resolution to a chamber, while the bench may submit them for resolution to a bench of two or more chambers or to the entire Supreme Court bench.
§ 3. A trial by the entire Supreme Court bench or the bench of a chamber (chambers) shall be notified to the Public Prosecutor General. The participation in that trial of the Public Prosecutor General or his/her deputy shall be obligatory. Trials of other Supreme Court benches may be accompanied by a public prosecutor form the National Public Prosecutor’s Office, while those of the Military Chamber, by a public prosecutor of the Main Military Public Prosecutor’s Office.
§ 4. A trial of a Supreme Court bench of seven Justices, which is to resolve a legal issue submitted in a given case, shall also be notified to the defence and the counsel advocates and counsel legal advisors, as well as to the persons authorised to prepare cassation in civil law matters. A President of the Supreme Court may put those persons under the obligation to submit, before the trial, written motions concerning the direction of the resolution of the submitted issue.
§ 5. A decision on submission of a legal issue, a request for adopting a resolution and a resolution of the Supreme Court must be accompanied by the written statement of reasons.
§ 6. Upon their adoption, the resolutions of the entire Supreme Court bench, of a joint bench of chambers or of a bench of entire chamber shall become legal principles. A bench of seven Justices may grant a resolution the power of a legal principle.
Art. 62. § 1. If a Supreme Court bench intends depart from a legal principle, it shall submit the arising legal issue for resolution to a bench of an entire chamber.
§ 2. A departure from a legal principle adopted by a chamber, by joint chambers or by the entire bench of the Supreme Court shall require an adequate resolution of a relevant chamber, joint chambers or the entire Supreme Court bench.
§ 3. If a bench of one Supreme Court chamber intends to depart from a legal principle adopted by another chamber, both chambers shall adopt a relevant resolution on this matter. The chambers may submit a legal issue for recognition to the entire Supreme Court bench.
Art. 63. The Supreme Court may request the statement of reasons for the decision, if not presented in the decision appealed against.
Art. 64. Upon a relevant motion of the General Public Prosecutor, the Supreme Court shall annul the final decisions in the cases, which while being recognised did not fall under the jurisdiction of the court, due to the person or the subject matter, if such decisions could not be challenged during the course of the court procedure provided for in statutory law.
Art. 65. § 1. If, while recognising a case, the Supreme Court finds out obvious misapplication of procedural law, irrespective of its other rights, it shall reproach the relevant court for default. Before making a reproach for default, it may demand relevant explanations. Finding out a default and reproaching for it shall not have any effect on the result of the case.
§ 2. The Supreme Court shall notify the president of the relevant court of making a reproach for default.
Chapter 7
The First President’s of the Supreme Court Chancellery, The Supreme Court Research and Analyses Office
Art. 66. The Supreme Court shall organise the First President’s of the Supreme Court Chancellery and the Supreme Court Research and Analyses Office.
Art. 67. § 1. The First President’s of the Supreme Court Chancellery shall perform the tasks connected with the First President’s of the Supreme Court duties concerning the Supreme Court’s operation, in particular, the court’s financial operations, personnel matters, its administration and maintenance.
§ 2. The First President’s of the Supreme Court Chancellery shall be managed by the Head of the First President’s of the Supreme Court Chancellery, appointed, or dismissed, by the First President of the Supreme Court.
Art. 68. § 1. The Supreme Court Research and Analyses Office shall perform the tasks connected, in particular, with the First President’s of the Supreme Court and the Supreme Court’s function of a guardian of compliance of the common and military courts decisions with law and of cohesion of those decisions and the tasks connected with the examination of the cohesion and uniformity of the law applied by the courts.
§ 2. The Supreme Court Research and Analyses Office shall be managed by the Director of the Supreme Court Research and Analyses Office, appointed, or dismissed, by the First President of the Supreme Court.
Art. 69. The tasks relating to labour law shall be performed by the First president of the Supreme Court or a person authorised by him/her.
Art. 70. § 1. The funds for the basic remuneration of the Supreme Court administrative workers shall be, average, 33% of the basic remuneration of a Supreme Court Justice at its basic rate; such funds shall be increased by the amount of the obligatory social insurance premium.
§ 2. The remuneration of the Head of the First President’s of the Supreme Court Chancellery shall be fixed in accordance with the regulations concerning the remuneration of the persons holding managerial civil servants positions equivalent to that of a secretary of state.
§ 3. The remuneration of the members of the Supreme Court Research and Analyses Office not being Justices, shall be equal to the basic remuneration of a court of appeal judge at its basic rate; such remuneration shall be increased by the amount of the obligatory social insurance premium.
§ 4. A member of the Supreme Court Research and Analyses Office shall be entitled to receive a functional supplement.
§ 5. The President of the Republic shall, by regulation, determine the rates of the functional supplement of the members of the Supreme Court Research and Analyses Office.
Art. 71. The First President of the Supreme Court may organise an auxiliary enterprise in order to publish the collection of court decisions and to perform other publishing activity.
Chapter 8
Amendments to other applicable regulations. Transitional and final provisions
Art. 72. In the Act of June 30, 1970 on Professional Soldiers’ Military Service (Dz. U. of 1997: No. 10, item 55, No. 106, item 678, No. 107, item 688, No. 117, item 753, No. 121, item 770 and No. 141, item 944, of 1998: No. 162, item 1117, of 1999: No. 1, item 7, of 2001: No. 85, item 925 and No. 154, items 1800 and 1801, and of 2002: No. 141, item 1184 and No. 200, item 1687), in article 75 subparagraph 2b shall be repealed.
Art. 73. In the Act of July 31, 1981 regarding the Remuneration of Persons Holding Managerial Civil Servants Positions (Dz. U. No. 20, item 101, of 1982: No. 31, item 214, of 1985: No. 22, item 98 and No. 50, item 262, of 1987: No. 21, item 123, of 1989: No. 34, item 178, of 1991: No. 100, item 443, of 1993: No. 1, item 1, of 1995: No. 34, item 163 and No. 142, item 701, of 1996: No. 73, item 350, No. 89, item 402, No. 106, item 496 and No. 139, item 647, of 1997: No.75, item 469 and No. 133, item 883, of 1998: No. 155, item 1016 and no. 160, item 1065, of 1999: No. 110, item 1255, of 2000: No. 6, item 69 and No. 48, item 552, of 2001: No. 154, items 1784 and 1800, and of 2002: No. 214, item 1805), in article 2 :
a) point 2 shall read as follows :
“2) the Marshall of the Sejm, the Marshall of the Senate, the President of the Council of Ministers, a Vice Marshall of the Sejm, a Vice Marshall of the Senate, a Vice President of the Council of Ministers, the President of the Supreme Chamber of Control, the President of the Constitutional Court, a minister, the President of the National Bank of Poland, the Spokesman for Citizens’ Rights, the Spokesman for Children’s Rights, the General Inspector for Protection of Personal Data, the President of the Institute for National Remembrance – the Committee for Persecution of Crimes against the Polish Nation, the Chairman of the National Radio and Television Broadcasting Council, a Vice President of the Constitutional Court, a Vice President of the Supreme Council of Control, the Head of the Sejm Chancellery, the Head of the Senate Chancellery, a Deputy Head of the Sejm Chancellery, a Deputy Head of the Senate Chancellery, the Head of the President’s of the Council of Ministers Chancellery, a Deputy General Labour Inspector, the Head of the National Office for Elections”,
b) point 3 shall read as follows :
“3) Minister of State, the Head of the President’s Chancellery, a Deputy Head of the President’s Chancellery, a Deputy General Public Prosecutor”.
Art. 74. In the Teachers’ Charter Act of January 26, 1982 (Dz. U. of 1997: No. 56, item 357, of 1998: no. 136, No.19, item 239, No. 22, item 291 and No. 122, item 1323, of 2001: No. 111, item 1194, No. 128, item 1404, No. 144, item 1615 and No. 154, items 1794 and 1795, and of 2002: No. 4, item 32 and No. 113, item 984), in article 77 :
a) item 5 shall read as follows :
“5. In disciplinary matters, parties in disciplinary proceedings shall have the right to appeal against the final decisions made by the disciplinary proceedings commissions operating by the minister competent over education or the minister competent over culture and preservation of the national heritage; such appeals shall be lodged with the court of appeal – labour and social insurance court having jurisdiction over the defendant’s place of residence, within 14 days following the date of service of the decision and the reasons for it.”
b) the second sentence of item 5a shall read as follows :
“A decision of the court of appeal shall not be subject to cassation.”
Art. 75. In the Act of September 16, 1982 on Employees of State Offices (Dz. U. of 2001: No. 86, item 953, No. 98, item 1071, No. 123, item 1353 and No. 128, item 1403, and of 2002: No. 1, item 18 and No. 153, item 1271), shall be amended as follows :
1) in article 1, item 1, point 3b shall be inserted and shall read as follows :
“3b) at the Supreme Court”;
2) in article 36, item 5, following point 7 point 7a shall be inserted and shall read as follows :
“ 7a) the First President of the Supreme Court – for the Supreme Court officers”;
3) article 44 shall read as follows :
“Article 44. The act shall apply to administrative, auxiliary, technical and maintenance staff and court attendants, public prosecutor’s offices, with amendments resulting from special provisions”;
4) in article 48:
a) in item 1, point 3 shall read as follows :
“3) the President of the Republic - as regards employees of the President’s Chancellery and of the National Council for Radio and Television Broadcasting”,
b) the first sentence of item 1a, shall read as follows :
“Art. 2 point 1, Art. 7 item 6 and Art. 30 item 1 shall not apply to the employees of the offices specified in Art. 1 item 1 points 1, 2, 3b, 6 to7a, 9, 10, and 13”,
c) item 2 shall read as follows :
“2. The right provided for in Art. 31 item 3 shall be vested accordingly in the body referred to in item 1 and in the Marshal of the Sejm in respect of the employees of the Sejm Chancellery, the National Office for Elections, the State Labour Inspection and the Office of the General Inspector for Protection of Personal Data, in the Marshal of the Senate in respect of the employees of the Senate Chancellery and in the heads of the offices referred to in Art. 1 item 1 points 3b and 6 to 7a, in respect of the employees of those offices”,
d) item 3 shall read as follows :
“3. The rights of ministers provided for in statutory law shall be vested accordingly in the heads of the offices referred to in item 1 and in Art. 1 item 1 points 1, 2, 3b, 6 to 7a, 9, 10 and 13.”
Art. 76. In the Act of July 25, 1985 on Research and Development Units (Dz. U. of 2001: No. 33, item 388 and of 2002: No. 74, item 676, No. 113, item 984, No. 153, item 1271, and No. 200, item 1683), item 3e of Art. 40 shall read as follows :
“3e. The decisions of the higher disciplinary proceedings commission may be appealed against with the labour and social insurance court having jurisdiction over the defendant’s place of residence. The decisions of the court of appeal shall not be subject to cassation.”
Art. 77. The following amendments shall be made to the Act of May 17, 1989 on Physicians’ Chambers (Dz. U. No. 30, item 158, of 1990: No. 20, item 120, of 1996: No. 106, item 496, of 1997: No. 28, item 152, of 1998: No. 106, item 668, of 2001: No. 126, item 1383 and of 2002: No. 153, item 1271) :
1) in Art. 42 :
a) item 2 shall read as follows :
“2. A physician on whom the Supreme Physicians Court, acting as the higher instance court, imposed the penalty referred to in item 1 points 3 and 4 shall have the right to lodge appeal with a court of appeal – labour and social insurance court having jurisdiction over the defendant’s place of residence, within 14 days following the date of service of with the decision and the reasons for it.”
b) item 3 shall be inserted and shall read as follows :
“3. The recognition of the appeal shall be subject to the provisions of the Code of Civil Process as regards the appeal. The decision of the court of appeal is not subject to cassation.”
2) article 50 shall be repealed ;
3) article 56 shall be repealed ;
4) item 6 of article 65 shall read as follows :
“6. The rights of the minister competent over the health issues referred to in Art. 10 items 1 and 2 and Art. 14 item 3, shall be vested accordingly in the Minister for National Defence and the minister which is competent over internal affairs.”
Art. 78. To the Act of December 21, 1990 on the Vet Profession and the Physicians’ and Vets’ Chambers (Dz. U. of 2002: No. 187, item 1567) the following amendments shall be made :
1) in Art. 46 :
a) item 2 shall read as follows :
“2. The vet on whom a vets-physicians court, acting as the higher instance court, imposed the penalty referred to in item 1 points 3 and 4, shall have the right to lodge appeal with a court of appeal – labour and social insurance court having jurisdiction over the defendant’s place of residence, within 14 days following the date of service of the decision and the reasons for it”,
b) item 3 shall read as follows :
“3. The recognition of the appeal shall be subject to the provisions of the Code of Civil Process as regards the appeal. The decision of the court of appeal shall not be subject to cassation.”;
2) article 55 shall be repealed ;
3) article 61 shall be repealed.
Art. 79. The following amendments shall be made to the Act of April 19, 1991 on The Nurses’ and Obstetrician’s Self-government (Dz. U. No. 41, item 178, of 1996: No. 24, item 110 and No. 91, item 410, of 1998: No. 106, item 668, of 2000: No. 120, item 1268 and of 2002: No. 62, item 559 and No. 153, item 1271) :
1) in Art. 39 :
a) item 2 shall read as follows :
“2. The nurse or the obstetrician on whom the Supreme Physicians’ Court, acting as the higher instance court, imposed with the penalty referred to in item 1 points 4 and 5 shall have the right to lodge appeal with a court of appeal – labour and social insurance court having jurisdiction over the defendant’s place of residence, within 14 days following the date of service of the decision and the reasons for it.”,
b) item 3 shall be inserted and shall read as follows :
“3. The recognition of the appeal shall be subject to the provisions of the Code of Civil Process as regards the appeal. The decision of the court of appeal shall not be subject to cassation.”;
2) article 51 shall be repealed ;
3) article 53 shall be repealed.
Art. 80. The following amendments shall be made to the Act of April 19, 1991 on Pharmacists’ Chambers (Dz. U. No. 41, item 179 and No. 105, item 452, of 1997: No. 43, item 272 and No. 121, item 770, of 1998: No. 106, item 668, of 2000: No. 120, item 1268, of 2001: No. 126, item 1382 and of 2002: No. 141, item 1181 and No. 153, item 1271) :
1) in Art. 46 :
a) item 2 shall read as follows :
“2. The pharmacist on whom the Supreme Pharmacists’ Court decides or as the higher instance court keeps up the decision to impose the penalty referred to in item 1 points 3 and 4, shall have the right to lodge appeal with a court of appeal – labour and social insurance court having jurisdiction over the defendant’s place of residence, within 14 days following the date of service of the decision and the reasons for it.”
b) item 3 shall read as follows :
“3. The recognition of the appeal shall be subject to the provisions of the Code of Civil Process as regards the appeal. The decision of the court of appeal shall not be subject to cassation.”;
2) article 61 shall be repealed ;
3) article 69 shall read as follows :
4) item 6 of article 65 shall read as follows :
“Article 69. The rights of the minister competent over the health issues referred to in Art. 13 items 1 and 2 and Art. 19 item 2, shall be vested accordingly in the Minister for National Defence.”
Art. 81. Article 22 of the Trade Unions Act of May 23, 1991 (Dz. U. of 2001: No. 79, item 854, No. 100, item 1080 and No. 128, item 1405 and of 2002: No. 135, item 1146 and No. 153, item 1271) shall be repealed.
Art. 82. The following amendments shall be made to Art. 33 of the Act of October 13, 1994 on Auditors and the Auditor’s Self-government (Dz. U. of 2001: No. 31, item 359 and of 2002: No. 141, item 1181 and No. 153, item 1271) :
a) item 2 shall read as follows :
“2. The parties shall have the right to appeal against the decisions of the National Disciplinary Court acting as the higher instance court; such appeals shall be lodged with a court of appeal – labour and social insurance court having jurisdiction over the defendant’s place of residence, within 14 days following the date of service of the decision with the reasons for it.”
b) following item 2, item 2a shall be inserted which shall read as follows :
“2a. The recognition of the appeal shall be subject to the provisions of the Code of Civil Process as regards the appeal. The decision of the court of appeal shall not be subject to cassation.”
Art. 83. The following amendments shall be made to the Act of July 5, 1996 on Tax Advising (Dz. U. of 2002: No. 9, item 86 and No. 153, item 1271) :
1) article 75 shall read as follows :
“Art. 75.1.The parties shall have the right to appeal against the decisions of the Higher Disciplinary Court; such appeals shall be lodged with a court of appeal - labour and social insurance court having jurisdiction over the defendant’s place of residence, within 14 days following the date of service of the decision with the reasons for it.
2. The decision against which a party may make an appeal shall not be subject to execution until the elapse of the term for the lodgement of the appeal; neither shall the decision which has been appealed against be executed before the date on which the appeal is recognised.
3. The recognition of the appeal shall be subject to the provisions of the Code of Civil Process as regards the appeal. The decision of the court of appeal shall not be subject to cassation” ;
2) articles 75a to 75d shall be repealed.
Art. 84. The following amendments shall be made to the Military Courts System Law Act of August 21, 1997 (Dz. U. No. 117, item 753, of 1999: No. 75, item 853, of 2001: No. 98, item 1070 and of 2002: No. 153, item 1271) :
1) § 4 of article 18 shall be repealed ;
2) in article 24 :
a) point 4 of § 1 shall be repealed,
b) § 2 shall be repealed.
Art. 85. Article 115 of the Act on September 4, 1997 on Military Discipline (Dz. U. No. 42, item 370) shall read as follows :
“Art. 115. The military court judges and assistant judges shall be liable to disciplinary responsibility for disciplinary misconduct subject to the principles set forth in the Military Courts System Law Act of August 21, 1997 (Dz. U. No. 117, item 753, of 1999: No. 75, item 853, of 2001 No.98, item 1070 and of 2002: No. 153, item 1271 and No. 240, item 20520.”
Art. 86. Article 119, item 2 of the Act of December 18, 1998 on Civil Service (Dz. U. of 1999 No. 49, item 483, No. 70, item 778 and No. 110, item 1255, of 2001 No. 102, item 1116, No. 111, item 1194, No. 128, item 1403 and No. 154, item 1800 and of 2002: No. 150, item 1237 and No. 153, item 1271) shall read as follows :
“2. The parties and the Head of Civil Service shall have the right to appeal against the decisions of the Higher Disciplinary Proceedings Commission; such appeals shall be lodged with a court of appeal – labour and social insurance court having jurisdiction over the defendant’s place of residence.”
Art. 87. The following amendments shall be made to the Act of December 15, 2000 on the Professional Self-Governments of Architects, Building Engineers and Urban Planners (Dz. U. of 2001: No. 5, item 42 and of 2002: No. 23, item 221 and No. 153, item 1271) :
1) point 2 of article 26 shall read as follows :
“2) against the decisions of the circuit disciplinary court regarding the matters referred to in point 1 [...] shall lodge appeals with the National Disciplinary Court, whereas, and against the decisions of the National Disciplinary Court shall lodge appeals with a court of appeal which is competent to recognise the matters concerning disciplinary responsibility or, with the Supreme Administrative Court, a complaint regarding the professional responsibility of the members of the chambers of architects and building engineers” ;
2) point 2 of article 38 shall read as follows :
“2) against the decisions of the National Disciplinary Court regarding the matters referred to in point 1 [...] shall lodge appeals with a court of appeal which is competent to recognise matters concerning disciplinary responsibility or, with the Supreme Administrative Court, a complaint regarding the professional responsibility of the members of the chambers of architects and building engineers”;
3) in article 54 :
a) item 4 shall read as follows :
“4. The defendant, a circuit commissioner for the professional responsibility or the National Commissioner for the Professional Responsibility shall have the right to appeal against the decisions of the National Disciplinary Court regarding the matters of disciplinary responsibility; such appeals shall be made with a court appeal having jurisdiction over the defendant’s place of residence - the labour and social insurance court, within 14 days following the date of service of the decision with the reasons for it”
,
,
b) item 5 shall be inserted and shall read as follows :
“5. The recognition of the appeal shall be subject to the provisions of the Code of Civil Process as regards the appeal. The decision of the court of appeal shall not be subject to cassation.”
Art. 88. Article 66 of the Act of April 11, 2001 on Patent Commissioners (Dz. U. No. 49, item 509 and of 2002: 153, item 1271) shall read as follows :
“Article 66. 1. The parties shall have the right to appeal against the decisions of the Disciplinary Court of Appeal; such an appeal shall be made with a court of appeal - the labour and social insurance court having jurisdiction over the defendant’s place of residence, within 14 days following the date of service of the decision with the reasons for it.
2. The decision, against which a party may make an appeal shall not be subject to execution until the appeal is made or until the term for its lodgement expires ineffectively; neither shall the decision which has been appealed against be executed before the date on which the appeal is recognised.
3. The recognition of the appeal shall be subject to the provisions of the Code of Civil Process as regards the appeal. The decision of the court of appeal shall not be subject to cassation.”
Art. 89. The following amendments shall be made to the Act of July 27, 2001 – The Common Courts System Law Act (Dz. U. No. 98, item 1070 and No. 154, item 1787 and of 2002: No. 153, items 1271 and No. 213, item 1802) :
1) § 1 of article 23 shall read as follows :
“§ 1. The president of the court of appeal shall be appointed by the Minister of Justice, upon consultation with the general assembly of the judges of appeal, from among the judges of the court of appeal” ;
2) § 2 of article 111 shall be repealed; the numbering of the paragraphs shall be cancelled ;
3) in article 114 :
a) § 1 shall read as follows :
“§ 1. The disciplinary commissioner shall take disciplinary actions upon a request from the Minister of Justice, president of the court of appeal or president of a circuit court, or the board of the court of appeal, or the board of a circuit court, or from the National Council for the Judicature, or upon his/her own initiative, after the initial clarification of the circumstances necessary for ascertaining the attributes of misconduct, and after receiving the Justice’s explanations, unless making such explanations is impossible”,
b) § 6 shall read as follows :
“§ 6. Within seven days following the service of the decision referred to in § 5, or the decision discontinuing the disciplinary proceedings, the body which has lodged the motion for initiating disciplinary proceedings, and the relevant board of the court, shall have the right to lodge with a disciplinary court a relevant complaint “;
4) § 1 in article 121 shall read as follows :
§ 1. The defendant, the disciplinary commissioner, the National Council for the Judicature and the Minister of Justice shall have the right to appeal against the judgements made by lower instance disciplinary courts and against the decisions and orders barring pronouncing the judgements”;
5) article 127 shall read as follows :
“Article 127. The decisions made in the course of disciplinary proceedings shall, ex officio, be serviced on the parties with the written statements of reasons. The judgements and the decisions and orders barring pronouncing the judgements shall also be serviced on the National Council for the Judicature and the Minister of Justice.”
Art. 90. The following amendments shall be made to the Act of July 27, 2001 regarding Laboratory Diagnostics (Dz. U. No. 100, item 1083 and of 2002: No. 153, item 1271) :
1) in article 58 :
a) item 4 shall read as follows :
“4. The defendant on whom the Higher Disciplinary Court decided to impose the penalties referred to in item 1 points 3 and 4, shall have the right to appeal against such a decision; such an appeal shall be lodged with the court of appeal having jurisdiction over the defendant’s place of residence - the labour and social insurance court, within 14 days following the date of service of the decision with the reasons for it”,
b) item 5 shall be inserted which shall read as follows :
“5. The recognition of the appeal shall be subject to the provisions of the Code of Civil Process as regards the appeal. The decision of the court of appeal shall not be subject to cassation”;
2) item 1 point 3 of article 60 shall read as follows :
“3) the competent court of appeal – the labour and social insurance court”.
Art. 91. The following amendments shall be made to the Act of August 30, 2002 on The Regulations Introducing the Administrative Courts System Law Act and The Proceedings before Administrative Courts Act (Dz. U. No. 153, item 1271) :
1) point 1 of article 11 shall read as follows :
“1) item 2 of article 367 shall read as follows :
“2. The parties shall have the right to appeal against the decisions made by a higher instance disciplinary proceedings commission; such an appeal shall be made with the court of appeal having jurisdiction over the defendant’s place of residence - the labour and social insurance court. The recognition of the appeal shall be subject to the provisions of the Code of Civil Process as regards the appeal.”;
2) article 13 shall be repealed ;
3) article 29 shall be repealed ;
4) in article 69 :
a) point 4 shall be repealed,
b) point 6 shall be repealed.
Art. 92. A Justice shall be granted the bonus rate referred to in article 42 § 2, in accordance with the number of the years of the work he/she has performed at the post held by him/her on the date on which the act becomes effective. Art. 93. The pay of the Justice retired before January 1, 2004 shall be determined in accordance with his/her basic remuneration at its basic rate and in accordance with his/her seniority allowance.
Art. 94. § 1. The Justices of the Military Chamber shall be exempt from the professional military service but shall keep the rights of the soldiers who have been released form that service for the reasons which do not cause losing those rights.
§ 2. The right to receive a military pension shall be subject to suspension if the person referred to in § 1, after being released form the professional military service, keeps the post of a Justice, is appointed to the post of a judge at another court, or to the post of a public prosecutor, or if he/she is elected a member of the Constitutional Court bench.
§ 3. The person appointed to the post of a Justice while performing the professional military service shall be subject to being released from that service before taking up that post. Provisions of § 1 and § 2 shall apply accordingly.
§ 4. The provision of § 2 shall, accordingly, apply to the person enjoying the right to receive a military pension who keeps the post of a Justice on the date on which the act becomes effective or to the person appointed to that post after the date on which the act becomes effective.
§ 5. In the case the pay of a retired person coincides with his/her right to receive a military pension, such a person shall receive only the higher of those benefits or the one which he/she wishes to choose.
§ 6. The release referred to in § 1, shall take place within six months following the date of entry of the act into force.
Art. 95. Justices appointed to posts at the Extra-Instance Inspection Office at the Supreme Court Military Chamber, shall, on the date of entry of the act into force, become Justices delegated from their previous posts to perform other functions at the Supreme Court; they shall be have the right to keeping the full pay. Should, upon a motion of the First President of the Supreme Court, a Justice be recalled from delegation, he/she shall have the right to return to the previously taken post or to take an equivalent post.
Art. 96. The funds for the remuneration referred to in Art. 70 § 1 shall, as regards the remuneration of the Justice, be determined in accordance with the principles applicable before the date of entry of the act into force.
Art. 97. If, a trial under the disciplinary proceedings referred to in Art. 74, Articles 76 to 80, Articles 82 and 83, Articles 86 to 88, and Art. 90 had been commenced before the date of entry of the act into force, such proceedings shall be conducted subject to the so far existing regulations. In the case the proceedings have been suspended, or an adjournment of the trial or a new recognition of the case have become necessary, such proceedings shall be conducted subject to the regulations applicable after the date of entry of the act into force.
Art. 98. The Judicial Decisions Office and the First President’s Office, and the Extra-Instances Inspection Office at the Military Chamber shall continue their operation by the date on which the First President’s of the Supreme Court Chancellery and the Supreme Court Research and Analyses Office are organised.
Art. 99. The executory provisions adopted under the Act referred to in Article 73, as regards the functional supplement for the First President of the Supreme Court, the President of the Supreme Administrative Court, a President of the Supreme Court and a Vice President of the Supreme Administrative Court, and those adopted under the Act referred to in Article 100, shall remain binding until the executory provisions are adopted under this Act, no longer however, than by December 31, 2003, unless being contrary to this Act.
Art. 100. The Supreme Court Act of September 20, 1984 (Dz. U. of 2002 No. 101, item 924, No. 153, item 1271 and No. 169, item 1387) shall cease to be binding.
Art. 101. This Act shall come into force on January 1, 2003. However, the provisions of Article 42 § 2, Article 70 § 1 and Article 93, as regards the remuneration referred to in Article 42 § 1, shall be applicable beginning from January 1, 2004.
President of the Republic of Poland : Aleksander Kwasniewski