The peculiarities of the assessment of judges and competition for occupying a position of judge in the Supreme Court of Poland
The High Qualification Commission of Judges of Ukraine continues to hold regular meetings with judges and experts from different countries, who inform about the procedures of the assessment of judges, applied in their countries.
On 27 July 2016 the member of the Commission held a video-conference with Mrs. Katarzyna Gonera, the judge of the Supreme Court of Poland and with the Advisor of the National Council of Justice of Poland.
Mr Mykola Patriuk, Deputy Chairman of the Commission, informed polish counterparts about the judiciary reforms which are taking place in Ukraine.
He noted that the new composition of the Supreme Court of Ukraine would be formed soon, the candidates to which would be selected by the Commission according to the authority.
It’s very important for the Commission to gain european experience on the relevant matters.
Members of the Commission had an opportunity to obtain knowledge about the above procedures in Poland.
According to Mrs. Katarzyna Gonera the Supreme Court is the main judicial body in Poland, it is situated in Warsaw. The Supreme Court of Poland has the highest appellation authority as for the decisions of lower level, which are in effect.
The Supreme Court of Poland exercises control over the activity of courts of general jurisdiction, administrative and military courts as for delivery of judgments. First of all it deals with the consideration of cassations, and also ensures accuracy and integrity of law interpretation and judicial practice.
The Supreme Court of Poland consists of 4 Chambers – criminal, civil, military and related to labor, social security and public relations.
From 1990 the judges of the Supreme Court are appointed for an indefinite term.
Thus, Mrs. Katarzyna Gonera pointed out that the National Council of Judiciary had a considerable significance in the process of the selection of judges for Supreme Court positions. It is a collegiate body that protects independence of courts and judges.
The main tasks of the Council are: the issuance of the conclusions concerning normative acts about judiciary and judges, and also adopting of resolutions concerning issues, that are referred to the Constitutional Court for consideration of their conformity with the Constitution of Poland in terms of independence of courts and judges; consideration and assessment of candidates for the positions of judges and applying to the President of Poland for the appointment of judges of the Supreme Court, High Administrative Court, courts of general jurisdiction, administrative courts of provinces and military courts; adoption of rules of the professional ethics of judges, monitoring of their compliance.
As at the most of other european countries, the composition of the National Council of Judiciary is mixed, but judges make its majority.
Chairman of the Supreme Court announces the vacant positions of each of the four Chambers in the government newspaper. The candidates, who comply with all requirements, fill in a form, application profile and they have 3 days to apply for taking part in the competition. After this each candidate is assessed by certain judge of the Supreme Court, specially appointed for this procedure.
The assessment of a candidate includes the verification of the his professional career, information about his decisions, scientific achievements, as well as during the delegation to the Supreme Court. A candidate should have no history of being brought to disciplinary responsibility.
As a rule, a candidate for a judge position in the Supreme Court of Poland is a person of 50-60 y.o., who has 10 years’ experience at the position of judge or prosecutor. Candidates – scientists are younger by age; scientific degree of the doctor of science lets them to apply for the position of judge in the Supreme Court.
To receive the relevant pension a judge must work at the Supreme Court during 9 years.
Polish counterparts wished the Commission success in the formation of new composition of the Supreme Court of Ukraine. They are ready to consult the Commission in the above matters.
