Strasbourg, 17 March 2008
Consultative Council of European Judges (CCJE)
Questionnaire for 2008 CCJE Opinion concerning the quality of judicial decisions: Reply submitted by the delegation of Poland
QUESTIONNAIRE FOR 2008 CCJE OPINION
CONCERNING THE QUALITY OF JUDICIAL DECISIONS
- PLEASE SPECIFY THE REPLIES WHENEVER POSSIBLE -
Part I: Preparation of the judicial decision
· Is there a specific model to be followed in drafting judicial decisions?
· Can each individual judge choose his own style of drafting his decision?
The procedure (model) to be followed in drafting judicial decisions is regulated in civil (criminal, administrative) procedure code. This are regulated judicial principles. The judge is obligated to follow the procedural regulations.
· Where the court is composed of more than one member, do judicial decisions have to be taken unanimously or a majority decision is equally effective and binding?
· In a two or even more member panel, does the president or most senior judge have a second or casting vote?
Every judge has one vote. The decision have to be taken by a majority of votes. The court is always composed of odd amount of judges. The judge who do not agree with the decision can make a votum separatum.
Do judicial decisions have to deal with all points raised by the parties or their lawyers or is a synthetic or concise approach considered sufficient?
The judicial decision is synthetic but it has to deal with all points raised by the parties.
· In general terms, how is a first instance judicial decision drafted? (For example, does the decision state first the factual background, followed by the evidence, its evaluation and finally the application of the legal principles to the accepted facts?)
· How in general terms is an appeal /supreme court decision drafted? Is the appeal in your country by way of rehearing the case or not?
A first instance decision state only for example the dismissal of the claim, and in criminal matters additionally description of criminal act and legal basis. The factual background, the evidence and its evaluation by the court are mentioned in the sustention.
The appeal court examines whether the objections of appeal are justified. The appeal court dismiss the appeal (in civil matters) or uphold the decisions of first instance court (in criminal matters), change the decision of the first instance court, reverse the decision and transfer the case to the first instance court to renew the ruling.
Is there a difference in the way a judgment is drafted according to the subject matter (civil, criminal, administrative)?
Every procedure: civil, criminal or administrative regulates differently the way the decisions are drafted.
· Could you describe precisely how the decision is transmitted to the parties?
· Is the judicial decision binding only on the specific litigants or does it affect the public in general?
· Does your country acknowledge a difference in judicial decisions in personam and in rem?
Usually the judicial decisions are announced public in court.
In case that the decision was made in closed session the duplicates of the sentence are delivered to the parties by post.
In cases in rem the decisions bind erga omnes, other decisions bind only the parties.
How is a judicial decision enforced in your country? Does your country allow for contempt proceedings against a litigant who does not comply with a decision/order of the court?
The enforcement of the judicial decisions in criminal matters is made by the court and in civil and administrative matters by court executive officer.
The proceedings against a litigant who does not comply with a decision/order of the court are possible.
Are judicial decisions handed down/announced in open court? Always or can the public/journalists be excluded - If so on what grounds?
The principle is to announce the decision in open court. Only in family, juvenile matters or when there is a danger of violation the injured party rights, the decency or state secret, the public announcement is not allowed.
To what extent do judicial decisions in your country take into account personal data protection legislation (i.e. publication of litigants’ names, other personal details etc)?
The decisions do not content the addresses of the parties.
Are judicial decisions available to persons or authorities other than the litigants themselves? If so on what terms and prerequisites?
They are available in open court announcement and also when the president of the court allows it-this is regulated by the rules of procedure.
Are judicial decisions published/available on the internet? If so, are all decisions available or only appeal or supreme court cases?
All decisions of Supreme Court are available on the Internet but the personal details of the parties are anonym (the personal data protection).
Part II: Evaluation of the judicial decision
Is a system of evaluation of quality of justice in force in your country?
The evaluation of the judicial decisions is practised in the instance control by the courts of appeal and Supreme Court.
Does this evaluation include/envisage the evaluation of the quality of judicial decisions?
The results of the appeal proceedings, so called stability of decisions, is an indication to evaluate the quality of decisions in court, in department but also the evaluation of the judge-especially when he aspires to go to higher court.
If your country does evaluate the quality of judicial decisions by means of a specific system, could you specify the latter:
· legal basis:
· identification of the agencies that are responsible for the process:
· parameters that are evaluated:
· methods by which each parameter is evaluated:
There is no special system to evaluate the judicial decisions.
What are the advantages and disadvantages discussed in your country as far as the evaluation of quality of justice is concerned?
In the opinion of the judiciary in your State, which factor could help to improve the quality of decisions ?
The improvement of the judicial training, the judges assistants to help the judges, the enlargement of judges remuneration, so that the best lawyers were willing to became a judge.
Is a system of evaluation of quality of each of the following in force in your State:
· professional performance of police? yes □ no ■
· professional performance of public prosecution services? yes □ no ■
· professional performance of lawyers? yes □ no ■
· enforcement of judgements? yes □ no ■
· efficiency of ministry of justice services in general? yes □ no ■
· quality of legislation? yes □ no ■
Usually the evaluation consist of the discussion of statistical data.