Opinia prawna w sprawie obywatelskiego projektu ustawy o okręgach sądowych sądów powszechnych oraz o zmianie ustawy – Prawo o ustroju sądów powszechnych

The opinion provides an analysis of advisability and constitutionality of a bill initiated by citizens. The author claims that, pursuant to Article 176 (2) of the Constitution, the organizational structure and jurisdiction of particular types of courts must be specified by statute. However, a statute is not required for the creation of courts. But, in his view, the powers of legislative branch of government to establish and to dissolve the courts and to determine their seats and the boundaries of judicial districts are not at all limited. The author is afraid that after the adoption of the proposal the Act – System of Common Courts Law will cease to meet the requirement of comprehensive regulation of this particular sphere, as its essential elements are regulated in a separate statute. Moreover, the adoption of the bill could result in inconsistency of the provisions concerning creation and dissolution of courts in relation to administrative and military courts which regulations would still be applied. The author also points out numerous defects of the bill of a legislative technical nature.