Welcome to Polish Law for Foreigners (PLF) series.

The first article in this series is a brief overview of the judicial system in Poland. Since conducting business often involves the risk of disputes—including litigation—foreigners should familiarize themselves with the basic workings of the Polish justice system. This knowledge is useful for anyone managing business and family matters in Poland.

Different Types of Courts

There are several types of courts in Poland:

• the Supreme Court.
• common courts;
• administrative courts;
• military courts;

The Supreme Court is a special court, the highest and most important in Poland. Its tasks include, among others, hearing cassation complaints (extraordinary legal remedies) against the judgments of common courts, issuing resolutions on specific legal issues, and determining the validity of national elections in Poland.

Common Courts:

Common courts adjudicate the majority of all cases in Poland, covering areas such as criminal law, civil law, commercial law, and family law. Depending on their position within the judicial structure and the area under their jurisdiction, they are divided into:

• District Courts – the lowest tier. These courts serve as courts of first instance in most cases, except for those reserved for higher courts. Their jurisdiction typically covers several municipalities.
• Regional Courts – these courts hear appeals from the judgments of district courts and, in some cases (more important and complex matters), serve as courts of first instance. Their jurisdiction encompasses several district courts.
• Appellate Courts – these courts are exclusively courts of second instance, and their jurisdiction covers several regional courts.

Administrative Courts hear only administrative cases, such as the challenge of local legal acts or appeals against decisions of governmental administrative authorities.

Military Courts are special courts primarily dealing with criminal cases involving members of the Polish Armed Forces but also soldiers from other countries stationed in Poland.

Which court your case will be assigned to depends on various factors (e.g., your place of residence, the nature and type of case, the value of the claim). This is referred to as court jurisdiction, and this topic will be covered in detail in a separate article.

In addition to courts, Poland also has tribunals—the Constitutional Tribunal and the State Tribunal. While not courts in the strict sense, they also exercise judicial functions. The Constitutional Tribunal is primarily tasked with reviewing the constitutionality of laws, while the State Tribunal deals with the accountability of high-ranking officials and state bodies for violations of the Constitution or statutory law.

I hope this brief introduction to the Polish justice system helps reduce any uncertainties associated with participating in legal proceedings. Future posts in the „Polish Law for Foreigners” series will delve into more specific topics.

For any questions, feel free to browse other articles or contact me by phone at: +48 602 643 922 or by email at kancelaria@adwokat-sewielski.pl.