THE SUPREME COURT BYLAWS
THE GENERAL ASSEMBLY
OF THE SUPREME COURT JUSTICES
RESOLUTION
of December 1, 2003
adopting the Supreme Court bylaws
Subject to Art. 3 § 2 and Art. 51 § 2 of the Supreme Court Act of November 23, 2002 (Dz. U. No. 240, item 2052):
§ 1. The General Assembly of the Supreme Court Justices hereby adopts the Supreme Court bylaws constituting an appendix to this
Resolution.
§ 2. The Resolution becomes effective upon its announcement.
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The Chairman
of the General Assembly
of the Supreme Court Justices |
§ 1. These Bylaws shall determine the internal organisational
structure of the Supreme Court, the detailed allocation of cases among
individual chambers and the principles of the Court's internal operation.
Chapter 1
The First President of the Supreme Court § 2. The First
President of the Supreme Court shall be the Supreme Court's manager and
representative. The First President of the Supreme Court shall perform acts
dealing with court administration and exercise an overall supervision of the
Supreme Court administrative operations.
§ 3.1. The First President of the Supreme Court shall perform the acts which
have been prescribed to be performed by the First President of the Supreme Court
subject to statutory law or to other regulatory acts, and shall perform the acts
which have been provided for to be performed by the First President of the
Supreme Court subject to these Bylaws. In particular, the First President of the
Supreme Court shall:
1) Prepare drafts of Supreme Court incomes and expenditures and shall implement
the Supreme Court budgets;
2) Prepare draft allocation of tasks at the Supreme Court;
3) Lodge with the Constitutional Court motions regarding the issue of conformity
of individual regulatory acts with the Constitution of the Republic of Poland,
with ratified international agreements or with the statutory law;
4) Lodge motions for adoption of relevant resolutions with the view to clarify
different interpretations of law, by panels of seven judges, by panels composed
of a chamber or chambers or by the entire Supreme Court;
5) Provide information about the Supreme Court operations and about any material
issues arising out of them;
6) Advise competent bodies of irregularities or lacunas which have been revealed
in law and which are necessary to be removed in order to ensure the cohesion of
the legal system;
7) Present competent bodies with opinions concerning drafts of statutory law or
other regulatory acts which constitute the basis for the decisions or operations
of courts, as well as opinions concerning other statutory law, to the extent
which the First President of the Supreme Court shall think fit; or shall refuse
to formulate such opinions;
8) Resolve disputes about the competence of particular chambers;
9) Lodge relevant appeal in the circumstances as provided for in statutory law;
10) Determine the dates of the Supreme Court sittings in full panel, of the
sittings of panels of the Supreme Court chambers, of the sittings of the General
Assembly of the Supreme Court Justices, and those of the Supreme Court Board;
11) Perform the function of the chairman of the disciplinary court;
12) Order the publication of the Supreme Court decisions in the official
collection of court decisions;
13) Announce in "Monitor Polski" the Official Gazette of the Republic of Poland
the number of vacant posts of the Supreme Court Justices to be occupied;
14) Perform acts provided for to be performed by civil servants subject to the
relevant regulations dealing with civil service employees; acting in this
capacity, the First President of the Supreme Court shall, in particular:
a) determine the posts the service at which will be that of a civil servant;
b) determine the posts the service at which will require first being in relevant
administrative articles, as well as the principles and procedure of doing such
articles;
c) determine the working hours schedule during the week and the number of
working hours on individual week days;
d) set forth the principles of remuneration, within the limits of the
remuneration funds being at the disposal of the First President of the Supreme
Court under the Budget Act;
e) Suggest establishing an additional civil servant special professional
achievement award fund, administer its resources and increase its amount within
the limits of the remuneration funds being available to him.
2. Additionally, the First President of the Supreme Court shall:
1) Lodge with the Minister of Justice motions for delegating judges to perform
relevant acts at the Supreme Court or at the Supreme Court Research and Analyses
Office;
2) Appoint and recall chairman of departments;
3) Appoint and recall the Chief of the Chancellery of the First President of the
Supreme Court and the Director of the Research and Analyses Office;
4) Perform relevant acts prescribed by labour law.
§ 4. While performing his tasks, the First President of the Supreme Court shall
be provided with assistance by the First President's secretariat.
§ 5.1. The Supreme Court shall have its spokesman. The spokesman shall
report directly to the First President of the Supreme Court.
2. The First President of the Supreme Court shall appoint its spokesman. The
press office shall be selected from among the Supreme Court Justices or from
among the members of the Research and Analyses Office. The First President of
the Supreme Court may employ another person at this post.
3. The spokesman shall provide the First President of the Supreme Court and
the Supreme Court with relevant services ensuring the Supreme Court's contact
with the media.
4. The spokesman shall, in particular:
1) Provide the mass media with relevant information about the court cases and
decisions being of interest to the general public;
2) React to publications or broadcasts concerning the Supreme Court or the
Supreme Court Justices;
3) Edit the Supreme Court web site;
4) Once a year, in January, provide the Supreme Court Board with a relevant
report.
5. The spokesman shall be provided with assistance by a press section team.
§ 6.1. The Supreme Court shall have its internal auditor and its internal legal
advisor. The internal auditor and the legal advisor shall report directly to the
First President of the Supreme Court.
2. The Supreme Court shall also have a special court correspondence section
which shall provide relevant services in respect of the correspondence which has
been sent to the Supreme Court. The manager of that section shall report
directly to the First President of the Supreme Court.
Chapter 2
The Supreme Court Presidents
§ 7.1. The Presidents of the Supreme Court shall act as the
Supreme Court First President's deputies. They shall operate within the area to
be set forth by the First President of the Supreme Court and shall manage the
operations of the chambers.
2. Presidents of the Supreme Court shall, in particular:
1) Convene assemblies of justices of individual chambers and justices debates;
2) Advise the First President of the Supreme Court of the discrepancies which
have been revealed in the interpretation of law and the necessity to lodge
relevant motions in order to have them resolved;
3) Advise the First President of the Supreme Court of the necessity to direct
issues of compliance of regulatory acts with the Polish Constitution, ratified
international agreements or with statutory law for resolution to the
Constitutional Court;
4) Determine the dates of sittings; appoint members of adjudicating panels, and
their presiding or reporting judges;
5) Make themselves familiar with the contents of the letters coming to the
chambers and give relevant instructions in their respect;
6) Request the written opinion of the General Public Prosecutor, the National
Public Prosecutor's Office, the Supreme Military Prosecutor's Office, or of
another authority, regarding individual cases to be adjudicated by the Supreme
Court;
7) Exercise relevant supervision in order to ensure effective conduct of
proceedings and punctual preparation of statements of reasons for court
decisions;
8) Exercise supervision over the performance of the chairmen of departments, the
managers of the secretariats of the chambers and over the performance of
assistants;
9) Instruct the Research and Analyses Office to perform the acts referred to in
§ 46 subparagraph, relating to the work of the given chamber;
10) Assign administrative workers to departments.
3. The President of the Supreme Court may give instruction to perform the acts
referred to in subparagraph 2 points 4 to 7, as well as to perform other acts
connected with the activity of the individual chamber to the chairmen of
departments or to justices.
4. The President of the Supreme Court shall appoint his deputy to perform
relevant tasks during the First President's absence. The deputy shall be
selected from among the chairmen of departments or, in exceptional cases, from
among the justices in the given chamber.
Chapter 3
The General Assembly of the Supreme Court Justices
§ 8. The General Assembly of the Supreme Court Justices shall
perform the tasks which have been prescribed to be performed by it subject to
statutory law, other regulatory acts, or subject to these Bylaws. It shall, in
particular:
1) Adopt the Supreme Court bylaws;
2) Adopt the rules of elections of candidates for the posts of justices of the
Supreme Court, the First President of the Supreme Court and the posts of members
of the National Council for the Judicature;
3) Select the candidates for the posts of justices of the Supreme Court and
indicate the chamber at which the given justice is to take the post;
4) Select the candidates for the post of the First President of the Supreme
Court and present the candidatures to the President of the Republic;
5) Select members of the National Council for the Judicature;
6) Examine and have the authority to approve the draft information of the First
President of the Supreme Court about the Supreme Court operations and about the
material issues which might have arisen out of the current court decisions;
7) Submit to the President of the Republic relevant motions for determining, by
way of regulation, the number of the posts of justices at the Supreme Court,
including the posts of the Supreme Court Presidents;
8) Adopt relevant resolutions or express opinions regarding other material
issues concerning the Supreme Court or the judicial authority;
9) Examine other issues the examining of which has been suggested by the First
President of the Supreme Court, the Presidents of the Supreme Court, the Supreme
Court Board or requested on the initiative of at least ten Supreme Court
justices.
§ 9.1. All active Supreme Court justices shall be members of the General
Assembly of the Supreme Court Justices.
2. Justices being members of the General Assembly of the Supreme Court Justices
are obliged to be present at its sessions. Justices who have been absent are
obliged to submit to the First President of the Supreme Court the reasons for
their absence.
§ 10.1. At least once a year, the First President of the Supreme Court shall
convene the General Assembly which shall examine the issues referred to in § 8
subparagraph 6 and, additionally, if necessary, other issues which the General
Assembly is competent to deal with. The information about the date at which the
session of the General Assembly is to be held shall be provided to the justices
at least fourteen days in advance, unless the date in question has been fixed
during the session which has been adjourned. The relevant notification to be
made in this respect shall contain proposed agenda and necessary materials.
2. The First President of the Supreme Court is obliged to convene the General
Assembly within thirty days following the date of the relevant written motion
which has been submitted to this end by a President of the Supreme Court, by the
Supreme Court Board or by at least ten Supreme Court justices.
§ 11.1. The General Assembly shall be chaired by the First President of the
Supreme Court or, during his absence, by the President of the Supreme Court
appointed by him or, if such appointment has been impossible, the President of
the Supreme Court being most senior Supreme Court justice.
2. The General Assembly may extend the agenda upon a relevant motion provided
that it is lodged to this end before the agenda has been adopted. The agenda may
not be extended by the issues which have been referred to in § 8 items 1 to 7.
§ 12.1. The chairman of the General Assembly shall appoint the person taking the
minutes. The minutes shall contain the list of attendance, adopted agenda,
summaries of speeches, adopted resolutions and positions.
2. The resolutions, positions and minutes shall be signed by the chairman of the
General Assembly. The minutes shall also be signed by the person who has taken
them.
3. The resolutions and positions adopted at the General Assembly shall be
subject to announcement in the customary way or in manner as set forth by the
General Assembly.
§ 13.1. The resolutions and positions shall be adopted by way of voting.
2. In respect of the issues referred to in § 8 points 3 to 5, the General
Assembly shall take a secret vote. Additionally, it shall take a secret vote
should at least one of the members preset at the Assembly has requested taking a
vote in such a manner. To be adopted, the resolutions or positions shall require
the presence of at least 2/3 of the justices of each of the chambers.
3. The resolutions and positions shall be deemed to be adopted if the number of
valid votes "for" is bigger than the number of valid votes "against".
§ 14. The chairman shall ascertain the result of the open vote. Should a secret
vote be ordered, its result shall be ascertained by the auditing committee to be
elected by the General Assembly, which shall be composed of four justices - one
from each of the chambers.
§ 15. In the event of infringement of the procedure, or should new material
circumstances be revealed, upon a relevant resolution to be adopted by the
General Assembly, provided that the adoption of that resolution has been
requested before the end of the session, the voting may be repeated.
Chapter 4
Assembly of Justices of a Supreme Court Chamber
§ 16. The Assembly of Justices of a Supreme Court Chamber shall
perform the acts which have been prescribed to be performed by it subject to
statutory law or another regulatory act as well as those which have been
provided for to be performed by it subject to these Bylaws. The Assembly of
Justices of a Supreme Court Chamber shall, in particular:
1) Discuss the draft annual information about the chamber's activity and about
the material issues which might have arisen out of the chamber's decisions; it
shall also be authorised to approve the said information;
2) Give its opinions about the candidates for the posts of Supreme Court
justices;
3) Give its opinions about the candidates for the posts of Supreme Court
Presidents and about the motion for their recalling;
4) Give its opinions about the candidates for the posts of the chairmen of
departments and about the motions for their recalling;
5) Select members and deputy members of the Supreme Court Board;
6) Give its consent for making by a the First President of the Supreme Court a
transfer of a justice from one Supreme Court chamber to another;
7) Examine other issues concerning the functioning of the chamber.
§ 17. The Assembly of Justices of a Supreme Court Chamber shall be chaired by
the President of the Supreme Court acting as the head of that chamber. The
provisions of § 16 points 2 to 6 shall apply accordingly, with the reservation
that the vote on the issues referred to in §16 points 2 to 6 shall be a secret
vote. The agenda may not be extended by those issues.
Chapter 5
The Supreme Court Board
§ 18. The Supreme Court Board shall perform the acts which have
been prescribed by statutory law, other regulatory acts or which have been
provided for to be performed by the Supreme Court Board subject to these Bylaws.
The Supreme Court Board shall, in particular:
1) Cooperate with the First President of the Supreme Court in order to ensure
the proper functioning of the Supreme Court;
2) Adopt drafts of the Supreme Court incomes and expenses;
3) Initiate convening the General Assembly of Justices of the Supreme Court;
4) Determine the allocation of tasks in the Supreme Court;
5) Adopt resolutions regarding the internal organisational structure of the
Supreme Court and determine the number of justices operating in particular
chambers as well as the division of the chambers into departments;
6) Give its opinions about the draft Bylaws of the Supreme Court and about the
rules of selection of the candidates for the posts of the Supreme Court justices,
the First President of the Supreme Court or the candidates for members of the
National Council for the Judicature; as well as draft regulations of the First
President of the Supreme Court regarding the organisation and scope of operation
of the court secretariats and of other administrative units at the Supreme Court;
7) Give its opinions about the candidates for the Supreme Court Presidents;
8) Give its opinions about the candidates for the posts referred to in § 3
subparagraph 2 point 3;
9) Adopt the rules of drawing lots regarding the compositions of adjudicating
panels of the disciplinary court; draw lots in order to appoint them;
10) Adopt the organisational rules of the Chancellery of the First President of
the Supreme Court and the organisational rules of the Research and Analyses
Office of the Supreme Court;
11) Determine the number of the posts of the Supreme Court justices to be
occupied;
12) Adopt motions for the Supreme Court justices retirement, if due to illness
or loss of strength, a relevant adjudicating doctor of the Social Insurance
Institution has found them permanently unable to perform the duties of justices;
13) Lodge motions for examination of the justices' abilities to perform their
duties by a relevant adjudicating doctor of the Social Insurance Institution;
14) Adopt motions for the Supreme Court justices retirement if, due to illness
or paid leave, they have not performed their service for a period of one year;
15) Adopt motions for the Supreme Court justices retirement if they have not put
themselves under medical examination by an adjudicating doctor of the Social
Insurance Institution without justified reasons, in the circumstances in which
the Board has requested such examination;
16) Lodge with the Supreme Court appeals against the resolutions of the National
Council for the Judicature on the issues in respect of which the Board has
requested the justice's retirement;
17) Upon a relevant motion from a justice, resolve the objection raised by the
First President of the Supreme Court against undertaking or continued
performance of activity or against the manner of gaining earnings which may
constitute an obstacle to the fulfilment of the duties of a justice, or which
may prejudice having trust in his independence or, again, which may be
prejudicial to the dignity of a justice;
18) Select the Disciplinary Officer of the Supreme Court and his deputy;
19) Demand taking relevant disciplinary actions by the Supreme Court
Disciplinary Officer;
20) Lodge with the first instance disciplinary court complaints against the
Supreme Court Disciplinary Officer's decision to refuse to initiate relevant
disciplinary proceedings;
21) Give its opinions about performance of the acts referred to in § 3
subparagraph 1 point 14 letters a) to e).
§ 19. The Board may, on its initiative, adopt resolutions or express opinions
regarding other important Supreme Court issues, specifically those relating to:
1) Justices' conduct which has been found to infringe the code of ethics;
2) The performance of the Supreme Court budget.
§ 20.1. The following shall be members of the Board: the First President of the
Supreme Court, the Presidents of the Supreme Court, and the justices selected by
the assemblies of the chambers to be members of the Board for a three-year
period.
2. The First President of the Supreme Court shall perform the function of the
Chairman of the Board. The provision of §11 subparagraph 1 shall apply
accordingly.
§ 21.1. The First President of the Supreme Court shall convene the Board's
sittings when necessary at least once every three months. To this end, the First
President of the Supreme Court shall notify the persons authorised to
participate in the Board's sittings of their hours and dates, appropriately in
advance, enclosing the proposed agenda and necessary materials.
2. The Board may extend the agenda upon a relevant motion to be made before its
adoption. The proposed agenda may not be extended, except for the cases referred
to in § 18 point 3.
3. The chairman of the Board shall appoint a relevant person to take the minutes.
The provision of § 12 shall apply accordingly.
§ 22.1. The attendance of the members and deputy members of the Board at the
Board's sittings shall be obligatory. The members not being present shall be
required to justify their absence.
2. A deputy member of the Board shall vote only in the absence of the Board
member who has been selected by the assembly of justices of the same chamber.
3. Other persons may participate in the sittings of the Board upon the Board
chairman's invitation.
§ 23. The Board shall adopt resolutions by a simple majority of votes in the
presence of at least 2/3 members of the Board. The provision of § 13
subparagraph 3 shall apply accordingly. Should, in an open vote, the numbers of
votes "for" and votes "against" be equal, the casting vote shall be that of the
chairman.
Chapter 6
The Chambers of the Supreme Court
§ 24. The Supreme Court shall be divided into four Chambers:
1) the Civil Law Chamber;
2) the Criminal Law Chamber;
3) the Labour Law, Social Security and Public Affairs Chamber;
4) The Chamber for the Military.
§ 25.1. A chamber shall be composed of the justices indicated by the General
Assembly of Justices of the Supreme Court and of the justices delegated to the
chamber by the First President of the Supreme Court.
2. The First President of the Supreme Court shall continue to be member of the
chamber to which he belonged before the beginning of his term of office.
3. The President of the Supreme Court managing the work of the chamber shall
also be member of that chamber.
4. The number of the justices and the presidents referred to in subparagraphs 1
to 3 may not exceed the number of the justices of the chamber which has been
fixed by the Supreme Court Board.
§ 26.1. A chamber shall be divided into departments. The criteria of that
division shall be the territorial and the subject matter ones. A special
department may be organised in a chamber in order to be occupied with the
exclusive task of resolving questions of law.
2. A relevant resolution establishing such a department shall specify the scope
of the cases which are to be directed to it. The departments shall be numbered
with Roman digits.
3. The departments shall be managed by their chairmen. The disciplinary
responsibility department may be managed by a justice not being member of the
chamber at which that department has been established.
4. Departments shall have their secretariats. The secretariats shall be managed
by secretariat managers. A secretariat may provide assistance to more than one
department.
5. The secretariat of the disciplinary department shall provide office services
to the Supreme Court Disciplinary Officer and to his deputy.
§ 27.1. Chambers shall have their secretariats. The secretariat of the chamber
shall be managed by the manager of the secretariat of the chamber.
2. The following shall be employed in chambers: assistants to justices, the
administrative staff and the personnel of attendance. The administrative staff
and the personnel of attendance shall be supervised by the secretariats of the
chambers managers.
Chapter 7
Allocation of Matters to Chambers
§ 28. 1. The Civil Law Chamber shall be occupied with the recognition of the matters that regard civil, commercial, family and guardianship law issues and issues relating to the registration of enterprises and the registration of pledges.
2. The Chamber shall also be competent to recognise complaints against lengthy proceedings conducted before the Supreme Court with regard to the matters referred to in § 30 subparagraph 1.
§ 29. 1. The Criminal Law Chamber shall be occupied with the recognition of the matters covered by the Code of Criminal Procedure, the Fiscal Penal Code, the Code of Petty Offences Procedure, and with the recognition of other matters to which the Code of Criminal Procedure will apply.
2. The Chamber shall also be competent to recognise complaints against lengthy proceedings regarding those matters conducted before the court of appeal, and complaints against lengthy proceedings conducted before the Supreme Court with regard to the matters referred to in § 31 subparagraph 1.
§ 30.1. The Labour Law, Social Security and Public Affairs Chamber shall be occupied with the recognition of matters relating to labour law, social security and public affairs, including those relating to the protection of competition, energy, telecommunications and train transport regulatory issues, proceedings in the course of which a decision made by the Chairman of the Polish Council for Radio and Television Broadcast has been appealed against, as well as matters regarding royalty claims raised by authors of inventions, utility and industrial designs, as well as topographies of integrated systems, also regarding registration issues, save those relating to the registration of enterprises and the registration of pledges.
2. The Chamber shall also be competent to recognise complaints against lengthy proceedings conducted before the court of appeal and complaints against lengthy proceedings conducted before the court of appeal and before the Supreme Court with regard to the matters referred to in § 28 subparagraph 1.
§ 31. 1. The Chamber for the Military shall be occupied with the recognition of matters belonging to the jurisdiction of the courts for the military, as well as disciplinary matters regarding public prosecutors and assistants to public prosecutors of the organisational units of the public prosecutor's office for the military, also proceedings against legal advisors performing active military service or being employees of the Ministry of Defence.
2. The Chamber shall also be competent to recognise complaints against lengthy proceedings regarding those matters, conducted before the circuit courts for the military, and complaints against lengthy proceedings conducted before the Supreme Court with regard to the matters referred to in § 29 subparagraph 1.
§ 32.1. Should a Supreme Court President decide that a matter does not belong to the jurisdiction of the chamber being managed by him, he shall pass it over to the chamber being competent to handle that matter.
2. Upon finding that the chamber being managed by him is not competent to recognise a given matter, the given Supreme Court President shall request the First President of the Supreme Court to indicate the chamber being competent to handle that matter.
Chapter 8
The Chancellery of the First President of the Supreme Court
§ 33. The Chancellery of the First President of the Supreme
Court shall perform tasks relating to the First President's of the Supreme Court
performance of acts connected with the Supreme Court operation, in particular,
regarding its finances, personnel, administration and maintenance.
§ 34.1. The Chancellery of the First President of the Supreme Court shall be
managed by the Chief of the Chancellery whose rank shall be that of the
secretary of state.
2. The Chief of the Chancellery shall supervise the performance of the
Chancellery employees and shall be responsible for their actions. The Chief of
the Chancellery shall ensure smooth and proper functioning of the Chancellery
and, if necessary, lodge appropriate motion concerning its organisation.
3. Upon authorisation of the First President of the Supreme Court, the Chief of
the Chancellery shall perform acts relating to labour law issues concerning the
administrative staff and the personnel of attendance.
§ 35.1. The following shall be the Chancellery offices:
1) The Administrative Office;
2) The Financial Office;
3) The Maintenance Office;
4) The Computer Office;
5) The Personnel Office;
6) The Organisational Office
2. The offices may be divided into sections. The sections shall be managed by
section managers.
§ 36. The Administrative Office shall be occupied, in particular, with the
performance of tasks relating to the administration, maintenance and security of
the "Justice Administration Urban Complex".
§ 37. The Financial Office shall be occupied, in particular, with the
performance of tasks relating to drafting the Supreme Court incomes and expenses,
the implementation of its budget, and handling other financial matters and
accountancy.
§ 38.1. The Maintenance Office shall be occupied, in particular, with the
performance of the tasks related to providing Supreme Court justices with
relevant attendance, and ensuring appropriate conditions of use of the Supreme
Court premises and equipment, the tasks relating to the management of the
Supreme Court means of transport, and administration of the flats being subject
to the Supreme Court management.
2. One of the sections of the Maintenance Office shall be occupied with
providing Supreme Court justices with relevant attendance. Its task shall be
mainly to coordinate the justices' use of the Supreme Court cars, to ensure the
proper condition and uniform look of the official outfit, as well as to perform
other tasks assigned to it by justices in connection with the fulfilment of
their service, with commuting to the Supreme Court seat and use of the Supreme
Court flats.
§ 39. The main task of the Computer Office shall be to maintain
and develop the Supreme Court IT system and to ensure smooth operation of the
computer equipment used by Supreme Court justices and employees.
§ 40. The main task of the Personnel Office shall be to handle the personnel and
welfare matters relating to Supreme Court justices, members of the Research and
Analyses Office, the administrative staff and the personnel of attendance.
§ 41.1. The main tasks of the Organisational Office shall be those relating to
providing the Supreme Court General Assembly and the Supreme Court Board
sittings, conferences, seminars and trainings with relevant office attendance,
and those relating to maintaining international contacts as well as the tasks
relating to the maintenance of the secretariat for the Court of the State.
2. The Office's task shall also be to perform acts relating to the acquisition
of flats and the functioning of the court's archive and the day-book office.
§ 42. The heads of the offices shall be their directors. The head of the
Financial Office shall be the Supreme Court Chief Accountant.
§ 43. The Chancellery of the First President of the Supreme Court shall operate
the Supreme Court Library which shall be managed by the library director. The
library director shall report directly to the Chief of the Chancellery.
§ 44.1. The Chancellery of the First President of the Supreme Court shall
operate a special organisational unit which shall be occupied with the
protection of confidential information (security section).
2. The main task of the security section shall be to protect confidential
information at the Supreme Court and to supervise the observance of the relevant
protection of confidential information law.
§ 45. The detailed tasks of the Chancellery of the First President of the
Supreme Court shall be determined by Supreme Court Board resolution which shall
set forth the organisational rules of the Chancellery of the First President of
the Supreme Court. The detailed tasks of the security section shall be
determined by the First President of the Supreme Court ordinance.
Chapter 9
The Research and Analyses Office
§ 46.1. The main task of the Supreme Court Research and Analyses
Office shall be to perform acts relating to the First President's of the Supreme
Court and the Supreme Court's function of a guardian of compliance of the common
and military courts' rulings with law, and of those rulings' uniformity, and
their function of a guardian of cohesion and uniformity of the laws to be
applied by those courts. Its task shall also be to draft the opinions referred
to in § 3 subparagraph 1 point 7.
2. The Supreme Court Research and Analyses Office shall also perform those
Supreme Court duties which have been prescribed to be performed by the Supreme
Court subject to the law regulating availability of public information.
§ 47. The Research and Analyses Office shall be divided into the following
departments:
1) the civil law department;
2) the criminal law department;
3) the labour law, social security and public law department;
4) the military criminal law department;
5) The EU law department.
§ 48.1.The Research and Analyses Office shall be headed by its Director. The
operations of the departments shall be managed by heads of departments, to be
appointed as necessary.
2. The departments may further be divided into department sections headed by
managers of department sections, to be appointed as necessary.
§ 49. The Research and Analyses Office shall have its secretariat. The
secretariat of the Research and Analyses Office shall be managed by the
secretariat manager.
§ 50.1. The Research and Analyses Office shall be composed of the members of the
Office, administrative staff and the personnel of attendance.
2. The following may be members of the Research and Analyses Office:
1) Supreme Court justices whom the First President of the Supreme Court
delegated to perform duties at that Office;
2) Retired Supreme Court justices;
3) Common court or military court judges delegated to perform other tasks at the
Supreme Court;
4) Persons who have passed the examination for a judge or for a public
prosecutor or who possess relevant qualifications to occupy judicial positions
or who have been conferred the academic titles of doctors of legal sciences.
§ 51. The detailed tasks of the Supreme Court Research and Analyses Office shall
be outlined by relevant Supreme Court Board resolution determining its
organisational rules.
Chapter 10
Selection of Candidates for Supreme Court Justices
§ 52.1. The number of the posts of justices of the Supreme Court
to be occupied shall be determined by the Supreme Court Board upon a relevant
motion from the First President of the Supreme Court. While doing so, the
Supreme Court Board shall take into account the overall number of the posts of
justices at the Supreme Court, the number of the posts which have not been
occupied, and the actual needs of the Supreme Court and of its individual
chambers.
2. The relevant resolution of the Supreme Court Board which is to determine the
number of the posts to be occupied should provide the information on the Supreme
Court chamber at which the given post is to be occupied.
§ 53. Following the adoption of the resolution referred to in § 52, the First
President of the Supreme Court shall announce the number of the posts of the
Supreme Court justices to be occupied in Dziennik Urzędowy Rzeczypospolitej
Polskiej "Monitor Polski" (the Official Gazette of the Republic of Poland),
which shall indicate the Supreme Court chamber at which the given post is to be
occupied.
§ 54.1. Relevant candidatures shall be presented to the First President of the
Supreme Court in the form of relevant notices of candidatures, within a month
following the announcement referred to in § 53. The notices of candidatures must
be accompanied by relevant information issued by the National Criminal Record
Register Office with regard to the candidates and by relevant health
certificates confirming their ability to perform tasks of justices. The duty to
provide the said information to be issued by the National Criminal Record
Register Office and health certificates does not apply to the persons being
proposed as candidates at the same time being judges or public prosecutors.
2. The notices of candidatures may be accompanied by service or profession
testimonials, recommendations or other supporting documents.
3. Upon consultation with the National Council for the Judicature, the First
President of the Supreme Court shall, by regulation, define the specimen notice
of candidature for a vacant post of a Supreme Court justice. The notice of
candidature should contain the information corresponding to the statutory law
requirements form the candidates for Supreme Court justices.
4. The medical examination and certification of the candidates' ability to
perform duties of Supreme Court justices shall be governed by relevant
provisions of the Regulation of the Minister of Justice issued subject to Art.
57 § 6 of the Common Courts System Act of July 27, 2001 (Dz.U. No 98, item 1070
as amended).
§ 55.1. The First President of the Supreme Court is to confirm the timely
submission of the candidature for the post of a Supreme Court justice, the
proper filing of the relevant notice of candidature and of the information
required to be delivered by the National Criminal Record Register as well as of
the health certificate of the candidate's ability to perform the duties of a
Supreme Court justice.
2. Should the candidature be found to be submitted in breach of prescribed time
limit for its submission or in breach of formal requirements, the First
President of the Supreme Court shall refuse to forward it to undergo relevant
procedure. The candidate and to the relevant chamber as well as the General
Assembly of Supreme Court Justices shall be notified about such a refusal and
about the reasons for it.
§ 56.1. Having confirmed the candidate's fulfilment of prescribed formal
requirements, the First President of the Supreme Court shall request the Supreme
Court President being the head of the relevant chamber to indicate the Supreme
Court justice who shall, within a relevant fixed time limit, draw up a relevant
evaluation of the candidate's qualifications.
2. Upon request of the Supreme Court justice who has made the evaluation of the
candidate's qualifications, the First President of the Supreme Court may ask
relevant competent bodies to provide necessary documents and opinions concerning
the candidate. Where the candidate is a judge, the President of the Supreme
Court may request a president or another judge of the relevant court or an
inspecting judge to provide him with additional evaluation of the candidate's
qualifications.
3. While preparing the evaluations of the qualifications of the candidates, the
persons charged with that task shall be taking into consideration relevant
instructions from the National Council for the Judicature.
§ 57.1. The First President of the Supreme Court shall present the candidatures,
together with the evaluations of their qualifications, to the relevant Supreme
Court chamber in order to express its opinion.
2. The President of the Supreme Court shall invite the candidates to participate
in the assembly of the justices of the chamber. The candidates shall be expected
to present themselves to the members of the assembly and to answer their
questions.
3. Having heard the evaluations of qualifications, after a relevant discussion,
the assembly of the justices of the chamber shall express its opinion about the
candidates. It shall de so by secret vote.
4. The votes may be affirmative or negative. There may also be abstentions. The
members of the assembly giving affirmative votes shall at the same time be
expected to grant the candidates relevant support. The support shall be
expressed in terms of numbers of points of support. The support shall be scaled
from 1 to 6 points.
5. The relevant President of the Supreme Court shall notify the First President
of the Supreme Court of the opinion about the candidate, and of the numbers of
affirmative and negative votes, abstentions, and the number of points of granted
support.
§ 58. The candidates for the posts of justices of the Supreme Court shall be
elected by the General Assembly of the Justices of the Supreme Court in
accordance with adopted bylaws.
Chapter 11
Assistants to Supreme Court Justices
§ 59. Assistants to Supreme Court justices to be employed at the
Supreme Court and judges of common or military courts delegated to perform the
function of assistants to Supreme Court justices shall operate in relevant
chambers.
§ 60.1. Presidents of the Supreme Court shall assign assistants to Supreme Court
justices or shall entrust those persons with the tasks of specialists in the
given areas of court rulings, specialists in EU law or entrust them with other
tasks.
2. An assistant may provide assistance to one Supreme Court justice.
§ 61. Assistants shall perform the tasks assigned to them by a Supreme Court
justice. They shall, in particular:
1) Make preliminary analyses of case files of the cases which have been referred
to Supreme Court justices;
2) Make research and select relevant rulings and legal writing, as well as
relevant internet survey in order to acquire information useful for resolution
of legal issues and for recognition of cassation or of other measures of appeal;
3) make notes, draw up opinions or legal expert opinions, and draft rulings or
resolutions;
4) draft statements of reasons or theses;
5) Perform acts aimed at creation or editing of the Supremus (c) data bases of
chamber rulings;
6) Participate in editorial works dealing with the publishing of official
collections of Supreme Court rulings or bulletins.
§ 62.1. The assistants being specialists in the given areas of court rulings
shall perform tasks assigned to them by Supreme Court Presidents being managers
of the given chambers. In particular, the assistants being specialists in the
given areas of court rulings shall draw up opinions or legal expert opinions,
analyses of the Supreme Court rulings or of the rulings of other courts, prepare
notes on resolutions and on statements of reasons made in their respect as well
as in respect of the queries addressed to the Constitutional Court.
2. The assistants being the EU law specialists shall make analyses of the
contents, interpretation and functioning of EU law, in particular, draw up
opinions or expert legal opinions or analyses of rulings made by the European
Court for Human Rights and the European Court of Justice. They shall also and
draw up notes on preliminary references and those concerning the binding force
of legal acts enacted by EU institutions, submitted with that Court.
3. The assistants being specialists satisfying the requirements specified in § 50 subparagraph 2 may be appointed to a post of the member of the Research and Analyses Office, assigned to perform tasks in chambers.
Chapter 12
Official Outfit
§ 63.1. During trials and open sittings, justices shall be
wearing official outfits. The official outfit of a justice shall be a gown and a
cap. Presiding judges shall, additionally, be wearing chains with an emblem
representing the eagle being the Polish National Coat-of-Arms.
2. Upon consultation with the Supreme Court Board, the First President of the
Supreme Court shall define the detailed design of the gown, the cap and the
chain.
Chapter 13
Official Seals
§ 64.1. The Supreme Court, the First President of the Supreme
Court and the Presidents of the Supreme Court shall use official seals with the
emblem representing the eagle being the National Coat-of-Arms of the Republic of
Poland and with the relevant inscription prescribed by applicable law.
2. The Supreme Court chambers and the departments of the chambers may use their
own copies of the official seal. The use of the official seals shall be
supervised by the Chief of the Chancellery of the First President of the Supreme
Court. The official seals of being of the same contents shall have their
distinguishing numbers.
3. The manner of use and the manner of keeping the official seals safe shall be
specified by the First President of the Supreme Court by way of regulation.
Chapter 14
Hours and Places of Performing Official Duties
§ 65. The Supreme Court working hours shall be fixed by the
First President of the Supreme Court. The information about the Supreme Court
working hours shall be provided at a visible place in the Court building.
§ 66.1. The Supreme Court shall be seated in Warsaw in the building located at
2/4/6 Plac Krasińskich square.
2. On the Court building there shall be fixed a plate saying "The Supreme Court"
accompanied by the National Coat-of-Arms of the Republic of Poland.
§ 67.1. In the Court building, at an easily visible place, a special board shall
be provided containing information about the location of the individual Court's
organisational units. Special care should be devoted in it to clear indication
of the Court trial rooms, the secretariats of the chambers, and the secretariats
of the Court departments.
2. In the Court building, at an easily visible place, a special board shall also
be provided for announcements to be made in the course of proceedings subject to
relevant rules of procedure.
3. The boards referred to in subparagraphs 1 and 2 may be arranged as lighting
panels or screens.
§ 68.1. In the court trial (court sitting) rooms, the emblem representing the
eagle being the Polish National Coat-of-Arms shall be placed on the wall behind
the judge's table.
2. On the judge's tables, special plates shall be put to say: "First President
of the Supreme Court", "President of the Supreme Court" or "Supreme Court
Justice". The plates shall contain the names and surnames of the justices
constituting the adjudicating panel. The plates of the judges delegated to the
Supreme Court shall contain their names and surnames and, additionally, the
words: "Delegated Judge". The specimen plate shall be designed by the First
President of the Supreme Court upon consultation with the Supreme Court Board.
3. The national flag of the Republic of Poland shall be placed by the judge's
table.
§ 69. In the court trial (court sitting) rooms, the part of the room at which
the judge's table will be placed and the part reserved for the persons
participating in the trial shall be separated from the part to be reserved for
visitors.
§ 70. The court registers and the court rulings bases shall be created and
maintained in the form of the "Supremus (c)" electronic system which shall be
the Supreme Court's facility. It shall be covered with legal protection.
Chapter 15
Tasks Performed by Chairmen of Departments
§ 71.1. The chairmen of departments shall manage the operations
of the departments, perform tasks assigned to them by Presidents of the Supreme
Court subject to § 7 subparagraph 3. The chairmen of departments shall also:
1) make themselves familiar with the documents coming to the department and give
relevant instructions;
2) recognise requests for appointment of public defenders or counsels;
3) upon request from the National Public Prosecutor's Office or from the Supreme
Public Prosecutor's Office for the Military, order having relevant case files
sent to them with the view to enable them making themselves familiar with those
files before court trials (sittings);
4) grant consent for making case files available to the persons not being the
parties in the proceedings in order to enable them making themselves familiar
with those files, upon giving by those persons justified reasons for their need
to have access to them;
5) in justified exceptional circumstances, order having relevant case files sent
to relevant courts with the view to facilitate relevant persons making
themselves familiar with them as well as making their official copies;
6) order to make relevant case files available or sent to relevant institutes,
establishments, institutions or expert specialists appointed to express their
opinion about them, should the circumstances of the case require doing it;
7) supervise the operations of the secretariats of departments and, should
irregularities be revealed, give relevant instructions;
8) give relevant orders in between the sittings;
9) notify the relevant President of the Supreme Court about inconsistent legal
interpretation of court rulings;
10) order to issue admission cards for Court trials (sittings), should greater
than usual visitors' interest be expected;
11) determine which files are to be send to the archives;
12) Perform other necessary actions.
2. During their absence, the chairmen of departments shall be deputised by
chairmen of other departments or by justices designated by relevant Supreme
Court Presidents.
Chapter 16
Proceedings Conducted Before Court Trials (Sittings)
§ 72. Supreme Court Presidents (chairmen of departments) shall
make preliminary examination of submitted case files in order to make sure
whether they satisfy relevant formal requirements; next, they give instructions
regarding relevant further proceedings.
§ 73.1. Matters filed with the Supreme Court shall be recognized in the order of
their filing, unless a special provision provides for otherwise.
2. In justified exceptional circumstances, Supreme Court Presidents (chairmen of
departments) may order skipping the earlier fixed orders of recognition of
particular cases.
§ 74. The orders to hold court trials (sittings) shall provide the following
information:
1) The composition of the adjudicating panel;
2) The hour, date, and the name of the court room;
3) The names of the parties and of other persons to be summoned or to be
informed about the date and hour of the trial (sitting) to be held;
4) Other actions to be performed in order to prepare the trial (sitting).
§ 75. The case files which have been sent to the National Public Prosecutor's
Office or to the Supreme Public Prosecutor's Office for the Military for review,
should be returned at least twenty one days before the trial (sitting).
§ 76. Before trials (sittings) preliminary debates should be organised with the
view to discuss relevant case issues.
Chapter 17
Trials and Sittings
§ 77.1. The Supreme Court shall adjudicate during trials or
sittings. Its sittings shall be open or held in camera.
2. The provisions of this chapter shall not apply where the relevant statutory
law regulating conducting proceedings before the Supreme Court stipulates
otherwise.
§ 78. Trials and sittings shall be held in the court trial rooms or court
sitting rooms, in the building being the Supreme Court house.
§ 79.1. Trials and sittings shall be chaired by chairmen.
2. Where the First President of the Supreme Court, a President of the Supreme
Court or a chairman of department sit on adjudicating panels, they shall perform
the function of their chairmen.
§ 80. While entering or leaving the court rooms, justices shall be wearing caps.
They shall also be wearing them while pronouncing judgments or resolutions, and
while taking oaths.
§ 81.1. The chairman shall occupy the central seat at the judge's table, while
the other justices shall be seated by the chairman's sides. In front of the
judge's table, to its right, there shall be sitting the recoding clerk.
2. A public prosecutor, a prosecutor not being a public prosecutor, the
plaintiff or the applicant shall occupy the seats being in front of the of the
judge's table to its right, while the accused, the defendant or another party in
the proceedings - shall be seated in front of the court and to its left.
§ 82.1. During the trials or sittings which are open to the public, an usher
shall be present in the court room and shall perform the tasks assigned to him
by the chairman. In particular, he shall keep order during the breaks.
2. The usher shall call the cases and shall announce the adjudicating panel
being about to enter the court room. He shall pronounce loudly: "The Supreme
Court! All rise, please!". Before the court leaves the room, the usher shall
pronounce loudly: "All rise, please!"
3. During the trial or sitting, the usher shall be wearing the official outfit.
§ 83. Should greater than usual interest of visitors be expected, the chairman
of the relevant department may order issuing visitors' admission cards. The
first to obtain the admission cards shall be the persons being close ones to the
participants in the proceedings and those being representatives of mass media.
§ 84.1. All persons being present in the court room shall rise while the court
is entering the court room, taking oaths, pronouncing judgments or resolutions
and while it is leaving the court room. The adjudicating judges shall also rise
to take oaths.
2. During trials (sittings), each person to make an utterance before the court
and each person being addressed to by the court shall rise. In justified cases,
the chairman may allow such a person to remain seated.
§ 85.1. The chairman's task shall be to open, conduct and close the trial (sitting),
give the floor to particular speakers, ask questions, allow asking questions and
pronounce the court ruling.
2. The chairman task shall be, in particular, to ensure that:
1) the trial (sitting) begin and end on time and that it be conducted in a quiet
and respectful manner;
2) no circumstances being material for pronouncement of the judgment be omitted
during the trial (sitting);
3) All issues arising during the debate are discussed.
3. If necessary, the chairman shall calls the Police or the court guard.
§ 86.1. Having opened the trial (sitting), and having checked the attendance,
after hearing the report of the reporting judge, the chairman shall give the
floor to the persons entitled to participate in the trial (sitting), following
the order he has fixed.
2. One person may take the floor once. Where the issue under discussion is of
exceptionally complex nature, the chairman may give the floor for discussing the
given issue for the second time.
§ 87. Upon a relevant request to be submitted before the trial (sitting), the
court (the chairman) may allow the representatives of mass media to make a video
or audio recording, provided that the process of the recording does not disturb
the conduct of the trial (sitting).
§ 88.1. Should the chairman find it not necessary to file with the court an
object or a document, a copy document or an extract from a document presented to
him, he shall order making a record containing a relevant description of that
object or document, and containing an indication of the person who has presented
them.
2. On the document presented during the sitting, a relevant annotation
containing the information about the person who has submitted it shall be made
by the recoding clerk. If an object has been filed at the court, and if its
nature enables returning it after the end of the proceedings, relevant remark in
this regards shall be made in the record.
§ 89.1. During the proceedings, an object or document filed at the court by a
party may be returned to it only upon a relevant order of the chairman of the
trial (sitting) to be issued upon consultation with the reporting judge.
2. After the end of the proceedings, the filed object or document may be
returned to the party upon a relevant order of the chairman of department.
3. The document shall be returned to the party upon having submitted by it to
the court a certified copy of or a relevant extract from the document. However,
in the circumstances referred to in subparagraph 2, the chairman may release the
party from that obligation.
4. The provisions of subparagraphs 1-3 shall accordingly apply to the return of
the object or document in question to the persons not being a party.
§ 90. The return of the documents, official copies, photocopies, or other papers
shall be recorded in the case files; a relevant record on it shall be signed by
the person making its receipt, if the return takes place at the court
secretariat.
§ 91. Trials (sittings) may be cancelled, adjourned or discontinued only for
important reasons. Should they be adjourned or discontinued, their next dates
should immediately be announced, unless due to the reason of such adjournment or
termination their prompt fixing is impossible.
§ 92.1. The chairman shall close the trial (sitting) after all necessary acts
have been performed at it. He shall, next, order having a debate.
2. The debate may only be among the adjudicating judges.
3. The court may re-open its closed trials (sittings).
§ 93.1. The proceedings taking place during open trial or sittings shall be
recorded by the recording clerk. The record is to be signed by the chairman and
by the recording clerk.
2. Sittings held in camera, without making court decisions, shall be recorded in
the form of an official note. The note is required to be signed by the chairman.
Chapter 18
Court Decisions
§ 94.1. Court decisions being subject to announcement shall be
drawn up and announced directly after the closing of the trials (sittings) and
taking the debates, unless the announcement has been adjourned.
2. Court decisions made at closed sittings shall be drawn up directly after
being made.
3. Court decisions shall be drawn up by reporting judges.
§ 95.1. Judgments shall be printed after the beginning words: "Judgment
pronounced in the name of the Republic of Poland". The Polish National
Coat-of-Arms shall be put at the top of the paper.
2. The texts of court decisions shall present the first and family names of
presiding and reporting judges with the information in brackets: "Presiding
Judge" or "Reporting Judge", put at their respective names.
§ 96.1. Statements of reasons for the decisions shall be drawn up by reporting
judges. Reporting judges shall not be obliged to draw up reasons for the
decision in respect of which they were of dissenting opinions.
2. Should the reporting judge refuse to draw up the statement of reasons for the
decision in respect of which he has been of dissenting opinion or should the
drawing up of the statement of reasons by the reporting judge be impossible or
difficult for the period which cannot be foreseen, the statement of reasons for
that decision shall be drawn up by the judge who has participated in making it
and who has been appointed to do so by the judge presiding over the trial (sitting)
in question. In such circumstances, the first and the family names of the judge
who has drawn up the statements of reasons for the decision shall be followed by
the words: "Statement of Reasons", in brackets.
3. Statements of reasons for the decisions should be clear and as brief as
possible. They should deal only with material issues, be free from foreign or
obsolete words or phrases and should avoid making unnecessary references to
legal writing.
Chapter 19
Sittings and Resolutions of Enlarged Panels
§ 97.1. Supreme Court resolutions settling questions of law in
particular cases shall be adopted at open sittings. As far as other questions
are concerned, Supreme Court resolutions shall be adopted at closed sittings.
The bodies which request adoption of relevant resolutions may be present at the
sittings held in order to deal with them.
2. The resolutions departing from the established legal principles shall be
adopted at closed sittings, also where the intention of such departure from
established legal principles has regarded a particular matter.
3. Resolutions of the panel of the Supreme Court or of panels of the chambers
shall be valid if adopted in the presence of at least 2/3 of the justices of
each of the chambers. Resolutions of a panel of a chamber shall be adopted in
the presence of 2/3 of the justices of the given chamber.
§ 98. 1. In the proceedings for adoption of resolutions of full panels of the
chambers or of panels of seven justices, the Presidents of the Supreme Court
being heads of chambers or, upon their authorisation - chairmen of departments,
shall order reporting judges to draw up draft resolutions or relevant draft
papers; the said materials shall contain preliminary analyses of the questions
of law filed for settlement.
2. Official copies of draft resolutions or papers shall be delivered to the
justices being members of the adjudicating panels. There being relevant grounds
for that, also to the remaining justices of the chambers; otherwise, official
copies of draft resolutions or papers shall not be drawn up and made available
for making oneself acquainted with them.
3. The provisions of subparagraphs 1 and 2 shall apply accordingly to the
proceedings for adoption of resolutions of the Supreme Court panel or of panels
of the chambers; in such circumstances, the instructions to draw up draft
resolutions or relevant papers shall be given by the First President of the
Supreme Court or by a President of the Supreme Court to be appointed by him.
§ 99.1. Sittings of enlarged panels shall be chaired by the First President of
the Supreme Court or by a Supreme Court President.
2. Sittings of panels of seven justices, if not attended by Supreme Court
Presidents, shall be chaired by chairmen of departments or other justices
appointed by Supreme Court Presidents.
§ 100.1. In the situation in which a court decision to submit an issue of law
for settlement to a panel of seven justices or in which a request for
clarification of a discrepancy in the interpretation of law involves issues
belonging to the jurisdiction of two or more chambers, the First President of
the Supreme Court, upon a relevant request of the Supreme Court President being
head of the chamber which has made the decision in question or to which the
request in question has been submitted, shall appoint justices from each of the
chambers to be members of the relevant adjudicating panel.
2. The adjudicating panel shall be chaired by the Supreme Court President being
head of the chamber which has made the decision or to which the request has been
submitted, unless the First President of the Supreme Court has given other
instructions.
3. The provision of the preceding subparagraph shall apply accordingly to
sittings of panels of two or more chambers.
§ 101.1. Resolutions shall be adopted after relevant debates of the judges being
members of the adjudicating panels to be held in camera. The debates shall have
the following parts: making reports by the reporting judges, discussions, voting,
analyses of principal motives for settlements, and drawing up of the resolutions.
2. The chairmen shall take justices' votes by order of service ranks, beginning
from the justice being the youngest in service. The chairmen shall vote last.
The reporters, also those performing the function of the chairmen, shall vote
first. Justices may not refrain from voting. Resolutions shall be adopted by
majority of votes.
3. Resolutions are to be signed by all justices. The justices who were of
different opinion during the voting than the opinion of the majority may, upon
the signing of the resolution, express dissenting opinions and make by their
signatures relevant notes about it.
4. Should none of the solutions proposed during a debate of a panel of the
chamber (chambers) or of the Supreme Court panel, where there is an even number
of justices taking part in the debate, gains a majority of votes, the Supreme
Court shall adjourn the sitting.
§ 102.1. Resolutions shall be announced directly after their adoption. In
exceptional cases the court may decide to adjourn their announcement for up to
fourteen days.
2. Resolutions shall be announced by the chairmen in the presence of the
adjudicating panel, also if their announcement has been adjourned. Upon request
of the justice who has expressed a dissenting opinion, the chairman shall
announce the fact of expressing such an opinion.
3. Statements of reasons for resolutions are to be drawn up within thirty days.
The provision of § 96 shall apply accordingly.
4. Statements of reasons are to be signed by all judges, including those judges
who have been outvoted and those who have expressed dissenting opinions. Should
a judge not be able to sign the statement of reasons, the chairman or the most
senior judge shall make under the statement of reasons a relevant note
explaining the reason why the signature is missing.
5. If necessary, before the statements of reasons are signed, the chairmen may
order additional debates and voting on their contents.
6. Upon the signing of the statement of reasons for the resolution, judges may
express dissenting opinions in their respect. The provision of § 101
subparagraph 3 shall apply accordingly, with the reservation that the statement
of reasons for the dissenting opinion expressed in respect of the statement of
reasons shall be drawn up within fourteen days following the signing of the
statement of reasons for the resolution by the adjudicating panel.
§ 103. The provisions of this chapter shall apply accordingly to sittings of
panels of three judges, unless statutory law provides for otherwise.
Chapter 20
Annulment of Final Decisions Pointing Out a Fault
§ 104.1. The Supreme Court, sitting in camera, may make
decisions to annul final court decisions made in the proceedings which, due to
the persons participating in them or due to their subject matters, have not
belonged to court jurisdiction.
2. The Supreme Court decisions and the reasons for them are to be delivered to
the parties and to the General Public Prosecutor.
§ 105. The Supreme Court, sitting in camera, may resolve to point out faults in
the proceedings of the given court by way of court decision. Authenticated
official copies of the decisions and the statements of reasons for them shall be
delivered to presidents of the given courts.
Chapter 21
Publication of Court Decisions
§ 106. The judges whose task is to draw up the statements of
reasons for the final decisions made in the proceedings conducted in particular
cases, shall, upon their signing, fill in relevant information sheets. A sample
information sheet has been provided in the ordinance on the organisation and
scope of operation of court secretariats and of other Supreme Court
administrative units.
§ 107. The First President of the Supreme Court shall set forth the rules of
publication of court decisions by ordinance, upon request of a Supreme Court
President being the head of the relevant chamber.
Chapter 22
Temporary and Final Provisions
§ 108. The justices and the presidents being members of the
chambers at the date at which these Bylaws enter into force shall become members
of those chambers in the meaning of § 25 subparagraphs 1 to 3.
§ 109. The matters which have been registered with the chambers which, under
these Bylaws, have no jurisdiction to recognize them, shall be subject to
transfer to the chambers having such jurisdiction, unless the date of the
relevant court trial (sitting) has already been fixed in respect of them.
§ 110. The assistants may render assistance to three Supreme Court justices for
three years following the date of entry of these Bylaws into force.
§ 111. The use of the current official outfit shall be admitted by December 31,
2005.
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