On December 2nd, Professor Katarzyna Kułak-Krzysiak from the John Paul II Catholic University of Lublin delivered a conference on the Polish judicial system to the second-year Political Science students taking the course European Institutions.
The conference began with an introduction by the professor of Public International Law and European Institutions at UCHCEU, Susana Sanz Caballero, who highlighted recent issues concerning the regression of the rule of law in Europe. This is an increasingly pressing concern in the academic and political community, particularly in the Polish context.
It was emphasized that Poland has implemented changes threatening judicial independence and impartiality, contravening the principle of primacy of EU law.
Following this, Professor Katarzyna Kułak-Krzysiak explained the structure of the Polish judicial system, detailing its various jurisdictions and levels: common courts, administrative courts, and the Constitutional Tribunal. The common courts include the Supreme Court, appellate courts, regional courts, and district courts, which act as the first instance depending on the case. The administrative jurisdiction comprises the Supreme Administrative Court and regional administrative courts. The conference also addressed the role of the Constitutional Tribunal, with a focus on the current tensions impacting its functioning.
Regarding administrative courts, the professor outlined their evolution over the decades, highlighting key milestones such as:
-1980: Restoration of the administrative justice system in Poland.
-1995: Expansion of the administrative courts’ competences.
-1997: Adoption of the Polish Constitution.
-2004: Comprehensive reform of the administrative jurisdiction.
-2015: Modifications to procedures before administrative courts.
On the matter of competences, she emphasized Article 184 of the Polish Constitution, which grants administrative courts, led by the Supreme Administrative Court, the authority to oversee public administration. This oversight includes ensuring the legality of decisions made by local government bodies and normative acts of territorial administrations.
Additionally, the professor described the requirements to become an administrative judge in Poland, highlighting the absence of a public examination system. Criteria include Polish citizenship, a law degree, a minimum of eight years of professional experience in judicial, legal, or administrative fields, and a thorough knowledge of administrative law.
Finally, she discussed the guarantees of judicial independence in Poland, noting that judges must be independent and subject only to the Constitution and the law. She emphasized that one of the main guarantees is their irremovability, which safeguards their ability to act without external interference. However, she pointed out that the Law on the Disciplinary Chamber of the Supreme Court of Poland grants it the competence to decide on matters directly affecting judges’ status and their functions, limiting their guarantee of independence.
The session concluded with a debate involving professors and students on how to overcome the current crises regarding the rule of law in Europe and Poland. During the discussion, the challenges posed by the differing political alignments of the executive branch and the President of the Republic were raised. Following the 2023 general elections, Donald Tusk (Civic Platform) was appointed as Polish Prime Minister through a coalition. The 2025 presidential elections in Poland bring new expectations aimed at restoring respect for the rule of law.
