NCJ Number
197868
Date Published
1999
Length
55 pages
Annotation
This book describes the new Constitution of the Republic of Poland enacted in 1997.
Abstract
Civil and political freedoms and rights in the Constitution of the Republic of Poland include the legal protection of life; prohibition of torture and cruel, inhuman or degrading treatment; personal immunity and freedom; and the principles of criminal liability. Other rights include the right to defense, the presumption of innocence, statutes of limitation, the right to a fair and open trial, protection of privacy of communication, prohibition of extradition, and prohibition of statutory restriction of recourse to court based on a claimed violation of freedoms or rights. The right to review of judgements and decisions, and the right of every citizen to lodge a complaint challenging the constitutionality of administrative decisions in individual cases are also included. The sources of Polish law are the constitution, national legislation, ratified international agreements, sub-statutory acts, and acts of local law. The principle of direct application of the provisions of a ratified international agreement after its promulgation in the Official journal is discussed. The authorities vested with the administration of justice in Poland are the Supreme Court, common courts, administrative courts, and military courts. The principles and institutions that are covered are the principle of at least two instances of court proceedings; the principle of jurisdiction of common courts; independence, irremovability and immunity of judges; the principle of judicial oversight by the Supreme Court; High Administrative Court; and the National Judiciary Council. The rules of procedure of the Constitutional Tribunal and the Tribunal of State are specified. Appendix