Institutions of Legal Protection WP-ADZ-1-OOP

1. The concept and system of legal protection. Legal protection in relation to the administration of justice, prosecution of offences,
oversight of compliance with the law and legal assistance. Classification of legal protection bodies and institutions – 1 hour (W01, W02).
2. Constitutional foundations of legal protection. The rule of law, separation and balance of powers, the right to a court, and guarantees for
the protection of individual rights and freedoms – 1 hour (W01, W03, W06).
3. Common courts. Organisational structure and the principal tasks of district, regional and appellate courts. Court governing bodies and
administrative supervision of court activities – 2 hours (W02, W03, W06).
4. The Supreme Court and military courts. Constitutional and statutory position, organisation and powers. The significance of judicial
supervision and relationships between courts – 1 hour (W03, W06).
5. Administrative courts. Voivodship administrative courts and the Supreme Administrative Court. Judicial review of public administration.
Differences between the functions of administrative courts and local government appeal boards – 1 hour (W02, W03, W06).
6. The status of judges and guarantees of judicial independence. Independence of courts, impartiality, disciplinary liability and judicial self-
government. The position and tasks of the National Council of the Judiciary. Citizen participation in the administration of justice – 1 hour
(W03, W06).
7. The Constitutional Tribunal and the Tribunal of State. Constitutional position, organisation and powers. Constitutional review of
legislation, constitutional complaints and constitutional accountability – 1 hour (W02, W03, W06).
8. The prosecution service. Organisation, tasks and operating principles. The status of prosecutors. The role of the prosecution service in
safeguarding legality and its relationships with courts and other state bodies – 1 hour (W02, W04, W06).
9. Bodies other than the prosecution service empowered to investigate offences. The Police and selected services and authorities with
criminal investigation powers. Principal tasks, scope of powers and mechanisms for overseeing their activities – 1 hour (W02, W04, W06).10. State and administrative oversight bodies. The Supreme Audit Office, the National Broadcasting Council and regional chambers of
audit. Distinctions between control, supervision and legal protection – 1 hour (W01, W02, W04, W06).
11. Rights commissioners and specialised bodies protecting individuals. The Commissioner for Human Rights, the Ombudsman for
Children, the Patient Rights Ombudsman, the Financial Ombudsman and the President of the Personal Data Protection Office. Tasks,
instruments of action and relationships with other institutions – 1 hour (W02, W04, W06).
12. Legal assistance and legal professions. Advocates, attorneys-at-law and notaries. Principal tasks, rules governing professional
practice, professional self-government and disciplinary liability. The system of free legal aid – 1 hour (W01, W05, W06).
13. Representation in legal proceedings and enforcement of judgments. The General Counsel to the Republic of Poland and court
enforcement officers. The roles of court referendaries, judicial assistants and probation officers. Principal tasks of the Prison Service – 1
hour (W02, W04, W05, W06).
14. European and international dimensions of legal protection. The European Court of Human Rights and the Court of Justice of the
European Union. Fundamental differences between their tasks and the significance of their case law for the national system of legal
protection. An overview of the roles of the International Court of Justice and the International Criminal Court – 1 hour (W02, W06).
15. Institutional cooperation in protecting individual rights. Comparison of judicial and non-judicial protection mechanisms through problem-
based examples. The role of legal assistance and the connections between national, European and international protection – 1 hour
(W01–W06).
Total: 16 lecture hours.

REQUIRED READING
1. P. Kuczma (ed.), Organy ochrony prawnej, Wolters Kluwer, Warsaw 2024 – selected passages addressing the topics covered in the
lectures, as specified by the lecturer.
SUPPLEMENTARY READING
1. A. Chodorowska, P. Kuczma, J. Michalska, Organy ochrony prawnej. Materiały do nauki, Wolters Kluwer, Warsaw 2025.
2. S. Serafin, B. Szmulik, Organy ochrony prawnej RP, 2nd ed., C.H.Beck, Warsaw 2010 – selected passages on basic concepts and the
classification of legal protection bodies, taking subsequent changes in the law into account.
LEGAL SOURCES AND SOURCE MATERIALS
1. The Constitution of the Republic of Poland of 2 April 1997 – provisions concerning constitutional principles, remedies for the protection
of rights and freedoms, courts and tribunals, and bodies responsible for state oversight and the protection of rights.
2. Selected statutory provisions governing the organisation and powers of the bodies and professions covered in the lectures, in the
versions in force at the time of the course.
3. The Convention for the Protection of Human Rights and Fundamental Freedoms, the Treaty on European Union, the Treaty on the
Functioning of the European Union and the Charter of Fundamental Rights of the European Union – selected provisions concerning
institutional guarantees of legal protection.
4. Selected judgments and official information materials published by the bodies covered in the course, as specified by the lecturer.
Legal acts are available in the public official ELI and EUR-Lex databases, while case law is available in the official databases of the
relevant courts and tribunals.
Required reading consists of specified passages from publications and source materials, selected to match the course topics and the
allocated student workload. Information presented in textbooks should be considered in light of subsequent changes in the law.