ABSTRACT

This chapter addresses the notion of judicial independence. It considers the implementation and application of policies which guarantee judicial independence and how these reforms are interpreted by the legislator and judge. The main points of the Sub-Table’s agenda were: restrictions on the removal of judges and the creation of an independent constitutional body which would review judicial nominations and appointments. The Deputy Minister of Justice, Adam Srzembosz, under enormous pressure, maintained that Polish judges fought very hard to maintain their integrity, and the judiciary would naturally cleanse itself of those judges who were politically subservient. Polish judges have begun the formidable task of interpreting the law and making law, intentionally or unintentionally, in a new legal climate. The Polish People’s Republic was officially established in 1952, with the passage of the 1952 Soviet-style constitution, modelled on the 1936 Stalinist Constitution which embodied the main ideas of Soviet legal theory.