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2008 Assessment

Poland: Integrity Indicators Scorecard

Poland : Integrity Scorecard Report > Sub-Category: Rule of Law
Indicators		Score
77	Is there an appeals mechanism for challenging criminal judgments?	92
78	Do judgments in the criminal system follow written law?	100
79	Are judicial decisions enforced by the state?	75
80	Is the judiciary able to act independently?	100
81	Are judges safe when adjudicating corruption cases?	100
82	Do citizens have equal access to the justice system?	86

Indicator and sub-Indicator Details

Is there an appeals mechanism for challenging criminal judgments?

77a: In law, there is a general right of appeal.

Score:

YES

Comments:

References: The Constitution of the Republic of Poland of 2 April 1997, Article,176, [ LINK ].

77b: In practice, appeals are resolved within a reasonable time period.

Score:

100

Comments: The number of cases in a given court has an impact on the time that it takes for appeals to be resolved. The report states that the small number of appeals in courts are due to the high costs and the length of the time they take. (Report 2006: 45)

References: Waldemar Zurek, Spokesman, Association of Polish Judges, (Crakow, Aug. 29, 2008).

Andrzej Malkiewicz, Professor, Politics Institute, University of Zielona Góra (Zielona Góra, Poland, Sept. 12, 2008).

Poland: Prawne Beriery dochodzenia praw z umów. World Bank and National Polish Bank Report, (Washington, Warsaw, 2006), [ LINK ].

Peer Review Comments: The Polish courts are very slow.

77c: In practice, citizens can use the appeals mechanism at a reasonable cost.

Score:

100

Comments:

References: Waldemar Zurek, Spokesman, Association of Polish Judges, (Crakow, Aug. 29, 2008).

Andrzej Malkiewicz, Professor, Politics Institute, University of Zielona Góra (Zielona Góra, Poland, Sept. 12, 2008).

Do judgments in the criminal system follow written law?

78: In practice, do judgments in the criminal system follow written law?

Score:

100

Comments:

References: Waldemar Zurek, Spokesman, Association of Polish Judges, (Crakow, Aug. 29, 2008).

Andrzej Malkiewicz, Professor, Politics Institute, University of Zielona Góra (Zielona Góra, Poland, Sept. 12, 2008).

Are judicial decisions enforced by the state?

79: In practice, are judicial decisions enforced by the state?

Score:

100

Comments:

References: Waldemar Zurek, Spokesman, Association of Polish Judges, (Crakow, Aug. 29, 2008).

Andrzej Malkiewicz, Professor, Politics Institute, University of Zielona Góra (Zielona Góra, Poland, Sept. 12, 2008).

Peer Review Comments: The grade is lower than 100 as a result of timing because not all decisions are enforced in a timely manner. However, there was no exception to the rule of enforceability.

Is the judiciary able to act independently?

80a: In law, the independence of the judiciary is guaranteed.

Score:

YES

Comments:

References: The Constitution of the Republic of Poland of 2 April 1997, Articles: 173, 178, [ LINK ].

80b: In practice, national-level judges are protected from political interference.

Score:

100

Comments:

References: Waldemar Zurek, Spokesman, Association of Polish Judges, (Crakow, Aug. 29, 2008).

Andrzej Malkiewicz, Professor, Politics Institute, University of Zielona Góra (Zielona Góra, Poland, Sept. 12, 2008).

80c: In law, there is a transparent and objective system for distributing cases to national-level judges.

Score:

YES

Comments:

References: The Act of 21 July 2001 on Organization of Courts of General Jurisdiction (Dz. U. of 12.09.2001) Article 29, [ LINK ].

80d: In law, national-level judges are protected from removal without relevant justification.

Score:

YES

Comments:

References: The Constitution of the Republic of Poland of 2 April 1997, article 180, [ LINK ]

Are judges safe when adjudicating corruption cases?

81a: In practice, in the last year, no judges have been physically harmed because of adjudicating corruption cases.

Score:

YES

Comments:

References: Waldemar Zurek, Spokesman, Association of Polish Judges, (Crakow, Aug. 29, 2008).

Andrzej Malkiewicz, Professor, Politics Institute, University of Zielona Góra (Zielona Góra, Poland, Sept. 12, 2008).

81b: In practice, in the last year, no judges have been killed because of adjudicating corruption cases.

Score:

YES

$Scoring Criteria :: YES: A YES score is earned if there were no documented cases of judges being killed related to their involvement in a corruption case during the study period. YES is a positive score. NO: A NO score is earned if there were any documented cases where a judge was killed because of his/her participation in a corruption trial. The relationship between a mysterious death and a judge\'s involvement in a case may not be clear, however the burden of proof here is low. If it is a reasonable assumption that a judge was killed in relation to his or her work on corruption issues, then the indicator is scored as a NO. Corruption is defined broadly to include any abuses of power, not just the passing of bribes.$

Comments:

References: Waldemar Zurek, Spokesman, Association of Polish Judges, (Crakow, Aug. 29, 2008).

Andrzej Malkiewicz, Professor, Politics Institute, University of Zielona Góra (Zielona Góra, Poland, Sept. 12, 2008).

Do citizens have equal access to the justice system?

82a: In practice, judicial decisions are not affected by racial or ethnic bias.

Score:

100

Comments:

References: Waldemar Zurek, Spokesman, Association of Polish Judges, (Crakow, Aug. 29, 2008).

Andrzej Malkiewicz, Professor, Politics Institute, University of Zielona Góra (Zielona Góra, Poland, Sept. 12, 2008).

82b: In practice, women have full access to the judicial system.

Score:

100

Comments:

References: Waldemar Zurek, Spokesman, Association of Polish Judges, (Crakow, Aug. 29, 2008).

Andrzej Malkiewicz, Professor, Politics Institute, University of Zielona Góra (Zielona Góra, Poland, Sept. 12, 2008).

82c: In law, the state provides legal counsel for defendants in criminal cases who cannot afford it.

Score:

YES

Comments:

References: Criminal Code of 6 June 1997 (Dz.U.97.88.553 with further changes), Article 78, [ LINK ].

82d: In practice, the state provides adequate legal counsel for defendants in criminal cases who cannot afford it.

Score:

100

Comments:

References: Waldemar Zurek, Spokesman, Association of Polish Judges, (Crakow, Aug. 29, 2008).

Andrzej Malkiewicz, Professor, Politics Institute, University of Zielona Góra (Zielona Góra, Poland, Sept. 12, 2008).

82e: In practice, citizens earning the median yearly income can afford to bring a legal suit.

Score:

100

Comments: Approximately thirty percent of society earn the Polish median yearly income. Thus, attorney fees may represent a major cost to these citizens who earn less.

References: Waldemar Zurek, Spokesman, Association of Polish Judges, (Crakow, Aug. 29, 2008).

Andrzej Malkiewicz, Professor, Politics Institute, University of Zielona Góra (Zielona Góra, Poland, Sept. 12, 2008).

82f: In practice, a typical small retail business can afford to bring a legal suit.

Score:

100

Comments: Report states that the small number of appeals by small businesses to the courts is due to the high costs and length of the proceedings (Report 2006: 45).

References: Waldemar Zurek, Spokesman, Association of Polish Judges, (Crakow, Aug. 29, 2008)

Poland: Prawne Bariery dochodzenia praw z umów, World Bank and National Polish Bank Report, [ LINK ], (Washington, Warsaw, 2006)

82g: In practice, all citizens have access to a court of law, regardless of geographic location.

Score:

100

Comments:

References: Waldemar Zurek, Spokesman, Association of Polish Judges, (Crakow, Aug. 29, 2008).

Andrzej Malkiewicz, Professor, Politics Institute, University of Zielona Góra, (Zielona Góra, Poland, Sept. 12, 2008).

Peer Review Comments: There are areas in Poland where access to a lawyer is limited, not only to a court of law.