The law is the domain of a narrow group of people – politicians, judges, prosecutors and lobbyists. Citizens have very little direct influence on them, which makes democracy less likely to develop in the spirit of a civil community. The report of the Court Watch Polska Foundation shows how the evolutionary model of Poland's involvement in action could look.
Lawmakers in Poland see the possibility of increasing the participation of citizens in lawmaking by: wider introduction of jurors in the examination of first-instance cases, introduction to the ruling of purely non-professional compositions, as so-called courts of peace, and selection of social judges in the general election. The Foundation looks at each of these solutions and gives recommendations.
Those interested in improving the state of law in Poland, observers from Court Watch Poland recommend gradual, evolutionary expansion of citizens in ruling. This would be done by restoring the universality of jurors' participation in first-instance cases
Participation of jurors in the ruling in the current state of the law
In the current state, jurors rule on first-instance cases in mixed composition, together with professional judges. Jurors are called social judges. They're chosen for specific cases. They do not rule on economic matters, but they can serve in two chambers of the Supreme Court – but they have a minority in relation to professional judges. In addition, their opinion is taken into account in the selected cases, namely:
- in criminal departments in criminal cases, e.g. killings (contribution: 1 professional judge and 2 jurors or composition: 2 professional judges and 3 jurors, if the prosecution concerns a crime for which the Act provides for a life sentence;
- in civil departments in certain family matters, e.g. for divorce (contribution: 1 professional judge and 2 jurors);
- in the labour and social security departments in certain labour cases, e.g. compensation for the use of mobbing contribution: 1 professional judge and 2 jurors with special knowledge of labour matters).
Court Watch Poland Foundation Recommendations
Those interested in improving the state of law in Poland, observers from Court Watch Poland recommend gradual, evolutionary expansion of citizens in ruling. This would be done by restoring the universality of jurors' participation in first-instance cases.
In order for this condition to be met, the institution of the juror should be reformed in order to enhance its prestige and importance. Such a reform could open up the possibility of another step in the development of civil rulings, namely the creation of peace courts composed solely of non-professional judges.
Such a solution is in accordance with the Constitution of the Republic of Poland, which states that it is permissible to entrust the exercise of justice to a court which does not include a single professional judge.
This is the case in the case of court asessors who are allowed to judge independently in regional courts, although they are not judges in a constitutional sense – they are not appointed by the President, and their time of office is temporarily limited.
Nor does the Constitution require, unlike the judges of the Constitutional Court, persons with a certain level of legal knowledge to exercise justice.
Source: We are calling for increased participation of citizens in the judiciary | Court Watch Polska Foundation