1.The National Council of the Judiciary is hereby established. The Council shall have its seat in Warsaw.

2. The National Council of the Judiciary shall guard the independence of judges and of the courts.

The National Council of the Judiciary, hereafter referred to as the Council, shall - in particular:

1. Candidates for the position of a judge - two for each vacant post - shall be submitted respectively by the general assemblies of the judges of the Supreme Court, High Administrative Court, of the appellate courts, and the general assemblies of the voivodship court judges. A single candidate may be submitted for the post of a district court judge, or if there are no more appropriate candidates.

1¹. Motions in respect of the candidates for the position of the common court judges submitted by the judiciary organs shall be referred to the National Council of the Judiciary through the Minister of Justice, who can express his opinion of the candidates.

2. Candidates for the posts of military court judges submitted by the Assembly of the Military Court Judges shall be referred to the Council by the Minister of Justice in agreement with the Minister of National Defense, and both Ministers may express their opinion of the candidates.

3. Candidates for the posts of the common court judges may also be submitted by the Minister of Justice.

4. Candidates for the posts of the military court judges may also be submitted by the Minister of Justice in agreement with the Minister of National Defense.

1. The Council shall be composed of: the First President of the Supreme Court, the President of the Supreme Court responsible for the work of the Military Chamber of the Supreme Court, the President of the High Administrative Court, two Supreme Court judges, a Supreme Administrative Court judge, eleven common court judges, a military court judge, four Deputies, two Senators, a person appointed by the President of the Republic of Poland, and the Minister of Justice.

2. The Council shall elect its chairman and deputy chairman from among its members.

The Council’s term of office shall be four years.

1. Members of the Council - Deputies to the Sejm shall be elected by the Sejm of the Republic of Poland, Senators - by the Senate, and the members of the Supreme Court and the Supreme Administrative Court - by the general assemblies of these courts.

2. Members of the Council - public court judges shall be elected as follows:

3. A Deputy, Senator, or judge may not be elected to the Council if he was its member for two consecutive terms.

1. The mandate of an elected Council member shall expire during the Council’s term of office if :

2. In event of expiry of the mandate of an elected Council member, a by-election shall be held by the respective organs referred to in Article 6. The election must take place within two months of the day of expiry of the mandate.

3. If a Deputy’s or Senator’s mandate expires following a dissolution of the Sejm and Senate, the Deputies and Senators continue as the National Council of the Judiciary members until the day the new members are elected by the Sejm and Senate.

1. The representatives of the general assemblies of the voivodship court judges - one representative per each group of 50 plus one for the remaining number - shall be elected for the Council’s term of office by the general assemblies of voivodship courts.

2. Election of the representatives of the general assemblies of the voivodship courts judges shall be held not later than one month prior to the termination of the Council’s term of office.

3. The date and place of meetings of the general assemblies of the appellate court judges, and the meetings of representatives of the general assemblies of the voivodship court judges shall be determined by the Minister of Justice.

4. The meetings, referred to in para. 3, shall take place according to the rules adopted by those conventions and shall be chaired by the judge eldest in age present.

1. The Council shall meet in plenary sessions. A Council resolution shall be valid only if at least one half of the Council’s members are present.

2. The Council resolutions shall be adopted by absolute majority vote, in open ballot. In event of an equal number of votes, the chairman shall have a casting vote. The voting may be done in secret upon motion of a Council member.

1. The Council meetings shall be convened by its chairman as needed, not less often, however, than once in three months, or upon a motion of 1/3 of the Council members.

2. A detailed outline of the Council’s procedures for activity shall be determined in the Rules set by the Council.

1. The Council’s activities shall be financed out of the budget of the Chancellery of the President of the Republic of Poland.

2. The Council members shall receive a lump sum allowance. Its level and the principles for paying it shall be determined by the President by way of ordinance.

3. The lump sum referred to in para. 2 shall not be paid to Council members in key state posts.

The Council shall receive administrative services from the Chancellery of the President of the Republic of Poland.

Within one month of the day this Act comes into force, the assemblies referred to in Article 6. paras. 1 and 2 shall elect Council members and general assemblies of voivodship court judges shall elect their representatives.

2. The Minister of Justice shall convene a meeting of the representatives of general assemblies of voivodship court judges to elect Council members within two months of the day this Act comes into force.

Within two months of the day this Act comes into force, the Minister of Justice shall submit to the President of the Republic of Poland motions to nominate as judges those persons who were discontinued in that capacity due to their beliefs, political opinions or social activities, and who have declared their wish to resume their positions, and meet the necessary requirements.

This Act shall enter into force on the day of its promulgation.