SECTION IV
JUDICIARY
Art. 74.
The courts administer justice in the name of the Republic of Poland. Art. 75. The organization, jurisdiction, and procedure of all courts will bedefined by legislation.
Art. 76. The President of the Republic appoints the judges, unless a different
provision is made by statute, but justices of the peace are, as a rule, elected by
the population. Judicial office is accessible only to persons who possess the qualifications
required by law.
Art. 77. In the exercise of their judicial office, the judges are independent, and subject only to statutes.
Judicial decisions may not be changed either by the legislative power or by the executive power.
Art. 78. A judge may be removed from office, suspended from office, transferred to a different place of office, or pensioned, against his own will, by judicial decision only, and only in cases provided by statute.
This rule does not apply in the case of the transfer of a judge to a different place, or his pensioning owing to a change in the organization of the courts decided upon by statute.
Art. 79. Judges may not be criminally prosecuted or be deprived of their freedom without the previous consent of the court assigned by statute, unless they are caught in the act, but even in this last case the court may demand that the arrested judge be freed without delay.
Art. 80. A special statute will define the peculiar position of the judges, their rights and duties, as well as their compensation.
Art. 81. The courts have not the right to inquire into the validity of duly promulgated statutes.
Art. 82.. The hearings before a determining court, as well in civil as in criminal cases, are public, except when statutes provide otherwise.
Art. 83. Courts with juries will be called upon to determine cases of felonies entailing more severe punishment, and cases of political offenses. Statutes will define in detail the jurisdiction of court with juries, the organization of such courts, and their procedure.
Art. 84. A Supreme Court for judicial causes, civil and criminal, is hereby created.
Art. 85. Special statutes will define the organization of military courts, their jurisdiction, procedure, and the rights and duties of the members of such courts.
Art. 86. A special Tribunal of Conflicts will be created by a statute to determine conflicts of jurisdiction between the administrative authorities and the courts.