Politics of Poland

The President is elected by terms; as head of state, supreme commander of the Armed Forces, and supreme representative of the Republic of Poland. The President has the right to veto legislation, although veto may be overridden by the assembly with a three-fifths majority vote.[4][5] The President, as representative of the state in foreign affairs, shall ratify and renounce international agreements, appoint and recall the plenipotentiary representatives of the Republic of Poland and shall cooperate with the Prime Minister and the appropriate minister in respect of foreign policy. As Supreme Commander of the Armed Forces, the President shall appoint the Chief of the General Staff and commanders of branches of the Armed Forces.

The President may, regarding particular matters, convene the Cabinet Council, although it does not possess the competence of the Council of Ministers. Official acts of the President shall require, for their validity, the signature of the Prime Minister, nevertheless this does not apply to:

1. nominating and appointing the Prime Minister
2. shortening of the term of office of the Sejm in the instances specified in the Constitution
3. introducing legislation
4. requesting the Sejm to appoint the President of the National Bank of Poland
5. appointing judges
6. proclaiming the holding of a nationwide referendum (a consent of the Senate is required)
7. signing or refusing to sign a bill
8. appointing the First President of the Supreme Court, President of the Constitutional Tribunal, members of the Council for Monetary Policy, appointing and dismissing members of the National Security Council
9. exercising the power of pardon
10. convening the Cabinet Council

Together with the tribunals, courts form part of the judiciary in Poland.[7] Among the bodies that administer the justice system, the following are distinguished:[8]

• Supreme Court;
• common courts;
• administrative courts;
• military courts.

Moreover, in times of war, the Constitution allows for the establishment of extraordinary courts or the establishment of an ad hoc procedure.[9] Court proceedings have at least two instances.[10] The main laws regulating the operation of the judiciary are:

• The Act of 27 July 2001 - Law on the System of Common Courts;
• The Act of July 25, 2002 - Law on the System of Administrative Courts;
• The Act of August 21, 1997 - Law on the System of Military Courts;
• The Act of 23 November 2002 on the Supreme Court;
• The Act of 27 July 2001 on the National Council of the Judiciary.

Judges are appointed by the President, at the request of the National Council of the Judiciary, for an indefinite period.[11] They cannot belong to political parties or trade unions,[12] are independent, and are subject only to the Constitution and statutes.[13] They are entitled to immunity and personal inviolability.[14] Judges are also irremovable [15] and their removal from office or suspension requires a court decision.[16] The participation of other citizens in the administration of justice is defined by law [17] and boils down to the application of the system of a lay judge in the first instance in common and military courts.[18]

The Supreme Court (Supreme Court) is a supervisory body over common and military courts.[19] It is headed by the First President of the Supreme Court, appointed for a six-year term by the President of the Republic of Poland, from among candidates presented by the General Assembly of the Supreme Court of Justice.[20] Until 2018, the Court was divided into four chambers: Civil, Criminal, Military and Labour, Social Security and Public Affairs. Since 2018, there are chambers: Civil, Criminal, Labour and Social Security, Extraordinary Control and Public Affairs, and Disciplinary. Apart from the General Assembly, the second body of judicial self-government is the College of the Supreme Court.[21]

The common judiciary has three tiers.[22] Its structure consists of district, regional and appellate courts.[22] Common courts rule on criminal, civil, labor, economic and family law.[22] Until 2001, there were also misdemeanor colleges, but the Constitution abolished their functioning.[22]

Military courts are criminal courts, ruling primarily on crimes committed by soldiers on active military service.[23] The structure of the military judiciary is made up of garrison courts and military district courts.[23] The Criminal Chamber (until 2018, including the Military Chamber) of the Supreme Court acts as the second instance or court of cassation.[22]

Administrative judiciary already existed in the Second Polish Republic, but it was abolished after World War II.[24] Its gradual restoration began in 1980 with the creation of the Supreme Administrative Court (NSA).[22] The current Constitution introduced the principle of two-instance procedures, which resulted in the establishment of voivodeship administrative courts adjudicating in the first instance. Administrative courts control the legality of administrative decisions, both against the governmental and self-governmental authorities.[25] The President of the Supreme Administrative Court is appointed by the President for a six-year term, from among the candidates nominated by the General Assembly of Judges of the Supreme Administrative Court.[26]

The National Council of the Judiciary is a body established to protect the independence of courts and judges.[27] He submits applications to the President to appoint judges.[11] It has the right to apply to the Constitutional Tribunal in matters relating to the compliance of normative acts with the Constitution in the area relating to the judiciary.[28] The National Council of the Judiciary consists of:[29] the First President of the Supreme Court, the Minister of Justice, the President of the Supreme Administrative Court, a person appointed by the President, 15 judges of the Supreme Court, common, administrative and military courts, four deputies and two senators. The term of office of elected members is four years.[30] The chairman and two of his deputies are elected from among the members of the Council.[31]

The State Protection Service (Polish: Służba Ochrony Państwa, SOP) is Poland's equivalent of the Secret Service in the United States, providing antiterrorism and VIP security detail services for the government.[34]