Legal bases
Treaty on European Union
Article 2 The Union is founded on the values of respect for human dignity, freedom, democracy, equality, the rule of law and respect for human rights, including the rights of persons belonging to minorities. These values are common to the Member States in a society in which pluralism, non-discrimination, tolerance, justice, solidarity and equality between women and men prevail.Article 19 (1) The Court of Justice of the European Union shall include the Court of Justice, the General Court and specialised courts. It shall ensure that in the interpretation and application of the Treaties the law is observed. Member States shall provide remedies sufficient to ensure effective legal protection in the fields covered by Union law. (…)
Charter of Fundamental Rights of the European Union
Article 47 [Right to an effective remedy and to a fair trial] Everyone whose rights and freedoms guaranteed by the law of the Union are violated has the right to an effective remedy before a tribunal in compliance with the conditions laid down in this Article. Everyone is entitled to a fair and public hearing within a reasonable time by an independent and impartial tribunal previously established by law. (…)The Constitution of the Republic of Poland
Article 45 (1) Everyone shall have the right to a fair and public hearing of his case, without undue delay, before a competent, impartial and independent court. (…)Article 179 Judges shall be appointed for an indefinite period by the President of the Republic on the motion of the National Council of the Judiciary.
Article 186 (1) TThe National Council of the Judiciary shall safeguard the independence of courts and judges. (…)
Article 187 (1) The National Council of the Judiciary shall be composed as follows:
1) the First President of the Supreme Court, the Minister of Justice, the President of the Supreme Administrative Court and an individual appointed by the President of the Republic;
2) 15 judges chosen from amongst the judges of the Supreme Court, common courts, administrative courts and military courts;
3) 4 members chosen by the Sejm from amongst its Deputies and 2 members chosen by the Senate from amongst its Senators.
(…)
3. The term of office of the elected members of the National Council of the Judiciary shall be four years.
European Convention on Human Rights
Article 6 [Right to a fair trial]
1. In the determination of his civil rights and obligations or of
any criminal charge against him, everyone is entitled to a fair
and public hearing within a reasonable time by an independent
and impartial tribunal established by law.
(…)
