SUPREME COURT RESOLUTIONS AND THE JURISDICTIONAL INDEPENDENCE OF THE COURTS
SUPREME COURT RESOLUTIONS AND THE JURISDICTIONAL INDEPENDENCE OF THE COURTS

Summary/Abstract: The normative positioning of the Supreme Court in Poland entitles one to conduct a twofold analysis. On the one hand, it is possible to look at this court from the functional side, understood as the procedural role of the highest judicial instance in the prism of related tasks. On the other hand, it is also possible to carry out a strictly systemic analysis, understood as a set of legal regulations outlining the position of this Court in the structure of the judiciary and the organisational solutions in force within it. The scope of analysis of this article, due to the narrowly defined nature of the study and the multiplicity of procedural legal constructions, was limited to the sphere of resolutions issued by the Supreme Court. The aim of the article is therefore to analyse a certain section of the functional role of the supreme court in Poland, precisely in the form of these specific rulings. Indeed, the Supreme Court's resolutions are a direct emanation of the essential function entrusted to it by the Polish Basic Law, but they also constitute a break from the principle of jurisdictional independence. They are, however, burdened with certain shortcomings. For this reason, legal views on their nature and the need for their existence in Polish law are sometimes extremely different.

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