Encyklopedia Administracji Publicznej MW Pivot Skin

TRIBUNAL OF STATE – a court with special competences or of special importance, in Polish judiciary it was established to decide on responsibilities of persons holding the highest offices in the country for violation of the Constitution and special laws. This concerns: representatives of the executive (in particular the President of the Republic of Poland, members of → the Council of Ministers), the president of the Polish National Bank, the president of the Supreme Audit Office (NIK), members of the National Broadcasting Council (KRRiT). Regarding the President of the Republic of Poland the Tribunal of State also rules on the responsibility for common and treasury offences. In the case of the members of the parliament, the proceedings may concern infringement of the prohibition on conducting business activity, which consists in achieving the State Treasury's economic benefits and violating the prohibition of acquiring assets from the State Treasury or local government. The President of the Tribunal of State is as a rule the first President of the Supreme Court. The members of the Tribunal of State are independent and are subjects to the Constitution and legal acts. Initiation of proceedings in most cases is decided by the Sejm, against Senators – the Senate, and in relation to the President of the Republic of Poland – the National Assembly. If the committed act does not constitute a crime, the Tribunal of State may punish a natural person by depriving him/her of passive and active electoral rights (for a period of two to ten years) or forbidding him/her to occupy managerial positions. The Tribunal may also rule only the guilty plea of the defendant. If the committed act is a crime, the Tribunal imposes penalties on the defendant under criminal law [ M. Kaczorowska ].

Literature: L. Garlicki, Polskie prawo konstytucyjne. Zarys wykładu [Polish constitutional law. An outline of a lecture], Warszawa 2006 ■ J. Zaleśny, Odpowiedzialność konstytucyjna. Praktyka III RP [Constitutional responsibility. The practice of the Third Republic of Poland], Warszawa 2004.