Judiciary Of Poland
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Judiciary Of Poland
The judiciary of Poland ( pl, sądownictwo w Polsce) are the authorities exercising the judicial power of the Polish state on the basis of Chapter 8 of the Constitution of Poland. As in almost all countries of continental Europe, the Polish judiciary operates within the framework of civil law. The courts (), designated by the Constitution as those exercising the administration of justice (), are the bodies that review the vast majority of cases, with the exception of those specifically assigned to the two tribunals (). The courts are formally divided into common courts () which are the courts that have jurisdiction covering all matters other than those specifically assigned to other courts (and thus include civil, commercial, labour and social insurance law disputes as well as most criminal cases), administrative courts (), which review complaints challenging the legality of administrative proceedings and their outcomes, and the military courts (), which serve as criminal cour ...
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Authority
In the fields of sociology and political science, authority is the legitimate power of a person or group over other people. In a civil state, ''authority'' is practiced in ways such a judicial branch or an executive branch of government.''The New Fontana Dictionary of Modern Thought'' Third Edition, Allan Bullock and Stephen Trombley, Eds. p. 115. In the exercise of governance, the terms ''authority'' and ''power'' are inaccurate synonyms. The term ''authority'' identifies the political legitimacy, which grants and justifies the ruler's right to exercise the power of government; and the term ''power'' identifies the ability to accomplish an authorized goal, either by compliance or by obedience; hence, ''authority'' is the ''power'' to make decisions and the legitimacy to make such legal decisions and order their execution. History Ancient understandings of authority trace back to Rome and draw later from Catholic ( Thomistic) thought and other traditional understanding ...
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President Of Poland
The president of Poland ( pl, Prezydent RP), officially the president of the Republic of Poland ( pl, Prezydent Rzeczypospolitej Polskiej), is the head of state of Poland. Their rights and obligations are determined in the Constitution of Poland. The president heads the executive branch. In addition, the president has a right to dissolve parliament in certain cases, can veto legislation and represents Poland in the international arena. History The first president of Poland, Gabriel Narutowicz, was sworn in as president of the Second Polish Republic on 11 December 1922. He was elected by the National Assembly (the Sejm and the Senate) under the terms of the 1921 March Constitution. Narutowicz was assassinated on 16 December 1922. Previously Józef Piłsudski had been "Chief of State" ('' Naczelnik Państwa'') under the provisional Small Constitution of 1919. In 1926 Piłsudski staged the " May Coup", overthrew President Stanisław Wojciechowski and had the National Assembly ...
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Polish Constitutional Crisis
The Polish constitutional crisis, also known as the Polish rule-of-law crisis, is a political conflict ongoing since 2015 in which the Polish government has been accused of failing to adhere to European and Polish constitutional law. The 2015 elections resulted in the Law and Justice party (, PiS) winning control of both the presidency and the parliament. With this government trifecta as a result of its participation in the United Right, PiS used its power to appoint judges to the Constitutional Tribunal in 2015, leading to the 2015 Polish Constitutional Court crisis. The government of Poland continued to expand its hold on the judiciary resulting in the 2017 Supreme Court crisis, and the 2019 Polish judicial disciplinary panel law. These events have allowed the legislature and executive of the Polish government to have ''de facto'' control over judges and their appointments. These moves have been condemned by the European Union which initiated an Article 7 process against ...
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United Right (Poland)
The United Right ( pl, Zjednoczona Prawica, ZP) is a conservative political alliance in Poland. It came to power following the 2015 parliamentary election. Initially founded as a parliamentary group between the Poland Together and United Poland parties, its composition has changed several times since its inception and is now dominated by the ruling political party of Poland, the Law and Justice. As of May 2021, besides the Law and Justice and United Poland, the coalition is also composed of The Republicans, Piast Faction alongside external support from Kukiz'15. History Creation The alliance was formed in 2014. The alliance initially was in the form of a parliamentary club in the Sejm called Just Poland (alternatively translated as Fair Poland; pl, Sprawiedliwa Polska) formed by politicians of Poland Together and United Poland. They then agreed to co-operate with the Law and Justice party (the Piast Faction were already incorporated with them) and joined Law and Justice's pa ...
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Sejm
The Sejm (English: , Polish: ), officially known as the Sejm of the Republic of Poland ( Polish: ''Sejm Rzeczypospolitej Polskiej''), is the lower house of the bicameral parliament of Poland. The Sejm has been the highest governing body of the Third Polish Republic since the transition of government in 1989. Along with the upper house of parliament, the Senate, it forms the national legislature in Poland known as National Assembly ( pl, Zgromadzenie Narodowe). The Sejm is composed of 460 deputies (singular ''deputowany'' or ''poseł'' – "envoy") elected every four years by a universal ballot. The Sejm is presided over by a speaker called the "Marshal of the Sejm" (''Marszałek Sejmu''). In the Kingdom of Poland, the term "''Sejm''" referred to an entire two- chamber parliament, comprising the Chamber of Deputies ( pl, Izba Poselska), the Senate and the King. It was thus a three-estate parliament. The 1573 Henrician Articles strengthened the assembly's jurisdiction, ...
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Ex Officio Member
An ''ex officio'' member is a member of a body (notably a board, committee, council) who is part of it by virtue of holding another office. The term '' ex officio'' is Latin, meaning literally 'from the office', and the sense intended is 'by right of office'; its use dates back to the Roman Republic. According to '' Robert's Rules of Order'', the term denotes only how one becomes a member of a body. Accordingly, the rights of an ''ex officio'' member are exactly the same as other members unless otherwise stated in regulations or bylaws. It relates to the notion that the position refers to the position the ex officio holds, rather than the individual that holds the position. In some groups, ''ex officio'' members may frequently abstain from voting. Opposite notions are dual mandate, when the same person happens to hold two offices or more, although these offices are not in themselves associated; and personal union, when two states share the same monarch. For profit and nonprofit ...
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Probation Officer
A probation and parole officer is an official appointed or sworn to investigate, report on, and supervise the conduct of convicted offenders on probation or those released from incarceration to community supervision such as parole. Most probation and parole officers are employed by the government of the jurisdiction in which they operate, although some are employed by private companies that provide contracted services to the government. Duties and functions Responsibilities of a probation or parole officer are varied. While the majority of the public considers these officers as merely supervisors of offenders, their role within the legal system is significantly broader and more complex. While their roles vary throughout the world, they are commonly responsible for upholding conditions of supervision as sentenced by a court or other government entity which includes specific case management aimed at reducing an offender's risk to reoffend. At a minimum, they are required to poss ...
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Bailiff
A bailiff (from Middle English baillif, Old French ''baillis'', ''bail'' "custody") is a manager, overseer or custodian – a legal officer to whom some degree of authority or jurisdiction is given. Bailiffs are of various kinds and their offices and duties vary greatly. Another official sometimes referred to as a ''bailiff'' was the '' Vogt''. In the Holy Roman Empire a similar function was performed by the ''Amtmann''. British Isles Historic bailiffs ''Bailiff'' was the term used by the Normans for what the Saxons had called a '' reeve'': the officer responsible for executing the decisions of a court. The duty of the bailiff would thus include serving summonses and orders, and executing all warrants issued out of the corresponding court. The district within which the bailiff operated was called his ''bailiwick'', even to the present day. Bailiffs were outsiders and free men, that is, they were not usually from the bailiwick for which they were responsible. Througho ...
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Lay Judge
A lay judge, sometimes called a lay assessor, is a person assisting a judge in a trial. Lay judges are used in some civil law jurisdictions. Lay judges are appointed volunteers and often require some legal instruction. However, they are not permanent officers. They attend proceedings about once a month, and often receive only nominal or "costs covered" pay. Lay judges are usually used when the country does not have juries. Lay judges may be randomly selected for a single trial (as jurors are), or politically appointed. In the latter case they may usually not be rejected by the prosecution, the defense, or the permanent judges. Lay judges are similar to magistrates of England and Wales, but magistrates sit about twice as often. In different countries Austria In criminal proceedings, lay judges sit alongside professional judges on cases carrying a maximum punishment of more than five years, as well as for political crimes. Lay judges are also used in labor, social, and commercial ...
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Registrar (law)
The registrar is a chief executive officer of a judicial forum. They are in charge of the entire registry of the department. In common law jurisdictions, registrars are usually judicial officers with the power to hear certain civil matters such as interlocutory applications and assessment of damages. In some jurisdictions, they may also hear trials of cases if both parties consent. Registrars are assisted by deputy-registrars, who in common law In law, common law (also known as judicial precedent, judge-made law, or case law) is the body of law created by judges and similar quasi-judicial tribunals by virtue of being stated in written opinions."The common law is not a brooding omnipres ... jurisdictions are sometimes called masters. The registrar is the chief administrator of the department, normally they happen to be the head of the department. The posts of the registrar are generally created in a judicial forums such as tribunals, high courts and supreme courts and in educa ...
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Law Clerk
A law clerk or a judicial clerk is a person, generally someone who provides direct counsel and assistance to a lawyer or judge by researching issues and drafting legal opinions for cases before the court. Judicial clerks often play significant roles in the formation of case law through their influence upon judges' decisions and perform some quasi- secretarial duties. Judicial clerks should not be confused with legal clerks/paralegals (also called "law clerks" in Canada), court clerks (clerks of the court), or courtroom deputies who perform other duties within the legal profession and perform more quasi- secretarial duties than law clerks, or legal secretaries that only provide secretarial and administrative support duties to attorneys and/or judges. In the United States, judicial law clerks are usually recent law school graduates who performed at or near the top of their class and/or attended highly ranked law schools. Serving as a law clerk, especially to a U.S. federal judg ...
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Assessor (law)
In some jurisdictions, an assessor is a judge's or magistrate's assistant. This is the historical meaning of this word. In common law jurisdictions, assessors are usually non-lawyers who sit together with a judge to provide either expert advice (such as on maritime matters) or guidance on local practices. The use of assessors nowadays is quite rare. In some jurisdictions, such as Fiji, assessors are used in place of juries. An assessor's opinion or view of a case is not binding on a judge. The term "assessor" is also very generally applied to persons appointed to ascertain and fix the value of rates and taxes, and in this sense the word is used in the United States (see Assessor (property)). Civil law jurisdictions In France and in all European countries where the civil law system prevails, the term ''assesseur'' is applied to those assistant judges who, with a president, compose a judicial court. Denmark In Denmark, it was the former title given to Supreme Court judges. ...
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