The Stefan Batory Foundation

Legal Education Program

Public Scrutiny of Judge Candidates

contact: Grzegorz Wiaderek
e-mail: prawny@batory.org.pl
phone: (48 22) 536 02 40

Project implemented in cooperation with the Polish Section of the International Commission of Jurists and the Helsinki Foundation for Human Rights.

In Poland there is public discourse regarding candidates for various state offices, however, there is no tradition of debating judge candidates and appointees. Meanwhile, the courts are the third pillar of power and play a fundamental role in a state with the rule of law. This is why who judges are is of great import. The process of their selection should be transparent and provide an opportunity for input from various communities including NGOs as well as the legal circles (law firms, law faculty councils, other interested institutions).

In implementing the project to monitor selection of judges to the Constitutional Court we intend to include civil society in the process of selecting judges to the most important courts: Constitutional Court, Supreme Court, Tribunal of State, Supreme Administrative Court, European Court of Human Rights in Strasburg as well as the European Court of Justice in Luxemburg. We would like to achieve this by developing model solutions that enable societal representatives to take part in the public discourse regarding candidates to these institutions. This debate should take place on the basis of publicly available information and objective evaluation criteria.

In connection with the end of term of six judges to the Constitutional Tribunal (fall of 2006) the Foundation together with Polish Section of International Commission of Jurists and Helsinki Foundation for Human Rights launched a project of public scrutiny of candidates to Constitutional Tribunal. The project involves: analysis of regulations and previous practices in selecting judges to the Constitutional Court with comparative analyses of the experiences of other countries in this realm; publishing the candidates’ profiles compiled on the basis of available materials (cvs, academic achievements, public statements, published legal opinions, and a specially designed objective questionnaire); examination of the candidacies from the point of view of legal requirements for this position and organization of public hearings of the candidates with the participation of legal circles and media.

The results of our findings are presented to the public in an ongoing manner. The project will end with the final report containing analyses and documents collected in the process and developing a set of conclusions and recommendations for future.