The organisational structure of the Country before 1989 lacked in institutions and legal mechanisms which would guarantee realization of the principle of judicial independence declared in the Constitution of 1952. The Constitution and acts oriented courts' activity on the protection of the then organisational structure of the Country. Constitutional regulations stipulating that judges are appointed and dismissed by the National Council upon the motion of the Minister of Justice were not conducive to the development of judicial and court independence. The choice of judges and creating the whole human resources policy in the judiciary were governed by these institutions.

Organisational transformations, which took place in 1989, triggered a completely new understanding of the role and position of administration of justice in a democratic state ruled by law. Judicial independence became indispensable for legitimization of the judiciary being a guarantor of human rights and freedoms.

Independence of the judiciary exceeds political sphere. It influences stability of the country, its economy, as well as fulfils other important social aims. Therefore, independence of courts and judges is not an aim for its own sake. It serves for achieving important aims of the society based on rules of justice. These arguments triggered the need for establishing a new body in Poland, namely the National Council of the Judiciary.

The concept of creating the National Council of the Judiciary was developed as a result of a political agreement reached during "round table" meeting, and provided for the creation of constitutional body consisting of representatives of all three powers – legislative, executive, and judiciary. The Council's concept followed experience of Western Europe countries.

In the Act of 7 April 1989 on the amendment to the Constitution it was adopted in Art. 60 that the appointment of judges is a prerogative of the President acting upon the motion of the National Council of the Judiciary.

The National Council of the Judiciary Act adopted on 20 December 1989 stipulated that the Council safeguards independence of judges and courts. Current organisational structure, scope of activities and work procedure of the Council are stipulated in the Act of 27 July 2001 on the National Council of the Judiciary. The most important powers of the Council are:

• adopting resolutions regarding applications to the Constitutional Tribunal to examine compliance with the Constitution of the Republic of Poland of normative acts within the scope concerning independence of courts and judges,
• considering and evaluating candidacy for holding a judicial post and presenting to the President of the Republic of Poland applications for appointment of judges of the Supreme Court, Chief Administrative Court, common courts, provincial administrative courts and military courts,
• applying to the Disciplinary Commissioner with requests for initiating disciplinary proceedings with respect to judges and appealing against judgments of disciplinary courts of lower instance,
• considering applications for retirement of judges, expressing consent to continue to hold the post by judges who have attained 65 years of age,
• considering applications of retired judges to return to judicial post,
• appointment of the Disciplinary Commissioner of common courts,
• expressing opinion on appointment and dismissal of presidents and deputy presidents of common courts and military courts,
• carrying out inspections of the court or vetting of the work of a judge, whose individual case is subject to consideration by the Council.

The National Council of the Judiciary is a collective authority. The first composition of the National Council of the Judiciary was established at the session held on 23 February 1990. Stanisław Zimoch, judge of the then Provincial court in Łódź was appointed the Chairman of the National Council of the Judiciary.

The National Council of the Judiciary is composed of 25 members. The Council is composed of: the First President of the Supreme Court, President of the Chief Administrative Court, a person appointed by the President of the Republic of Poland, Minister of Justice, four sejm deputies, two senators, ten judges being representatives of common courts, two judges of the Supreme Court, two judges of administrative courts and a judge of the military court. Similarly to the majority of other European countries, the composition of the Polish National Council of the Judiciary is mixed, whereas judges constitute the majority. Such a composition of the Council gives an opportunity of a direct responsibility of country's political structures for the functioning of the judiciary and at the same time guarantees a proper extent of independence.

The National Council of the Judiciary considerably contributed to the creation of the Constitution of the Republic of Poland of 2 April 1997. Members of the Council participated actively in the works of Sejm Committees, representing position of the judges during the debate. The lack of the legislator's acceptance of the draft concerning the judiciary budget separateness, presented by the Council's representatives during the constitutional debate should be deemed a failure. Nonetheless, the Council undertakes energetic actions aiming at achieving such independence.

In the Constitution of 2 April 1997 the provisions concerning the National Council of the Judiciary were considerably extended, the composition of the Council was established as well as the manner of appointing the chairman and two deputy chairmen, and term of office of the appointed members of the Council.

Increase in power of the National Council of the Judiciary following the Constitution of the Republic of Poland of 1997 resulted in the Council paying more attention to issues concerning independence of the judges, simultaneously taking care of restoring public trust in the administration of justice. In numerous statements the National Council of the Judiciary demanded respect for the authority of judicial power and undertook initiatives enhancing this power. The Council took care also to provide judges with fair remuneration, relevant to their liability and cost of work as well as increase in budgetary outlays for the Polish administration of justice.

The contribution of the National Council of the Judiciary to the proceedings before the Constitution Tribunal, both as an applicant and participant as well as expert should be emphasized.

In September 1999 the National Council of the Judiciary organised Conference of Polish Judges, which was held in Warsaw with participation of the representatives of state supreme authorities and representatives of political parties. Despite numerous declarations of changes, by all political factors, for the benefit of the judiciary, the Conference proved that in practice judiciary authority is often underestimated.

Aiming to strengthen the position of the National Council of the Judiciary within the scope of separation of powers into three branches, on 27 July 2001 Sejm of the Republic of Poland adopted the National Council of the Judiciary Act broadening its scope of competence by, among other things, co-decision making on budget of the administration of justice as well as by a duty to prepare a Set of professional ethical rules for judges.

Pursuant to the Law on Common Courts Organisation of 27 July 2001 the National Council of the Judiciary applies to the Minister of Justice for preparation of a draft on income and expenditure of common courts. Exercising this right results in a consistent increase of outlay on common judiciary.

On 19 February 2003 the National Council of the Judiciary, being statutorily obliged to ensure its observance, adopted the Set of professional ethical rules for judges.

From the beginning of its activity the National Council of the Judiciary maintained contacts with representatives of the Councils of the Judiciary of Western Europe countries, and of the countries which aimed at integration with the European Union. The Council participated in the First Conference of Judges in November 2003 in Strasburg, organised by the Council of Europe, concerning the role of judge in the initial resolution of disputes.

On 20 May 2004 the Chairman of the National Council of the Judiciary signed the Card of the European Network of Councils for the Judiciary of the European Union countries and the associated countries.

Apart form joining the Network, the National Council of the Judiciary accepted the honourable position of the Member of the Steering Committee of the European Network of Councils for the Judiciary (ENCJ). It offered the Council, as one of the eight Councils belonging to the Committee, the possibility of influencing all necessary decisions, which allows functioning of ENCJ within the period between sessions of the Network General Assembly.

In 2004 the representatives of the Council participated in many conferences and seminars. At the initiative of the President of the European Tribunal of Justice, between 10 and 14 October 2004, a conference entitled: "National Judge as a judge of community law" was held in Luxemburg. Six members of the Council participated in the meeting. The conference in Luxemburg enabled full and fruitful exchange of experience among the judges from new Member States and members of the Tribunal of Justice and the Court of lower instance.
In June 2004 the National Council of the Judiciary played host to a delegation of the National Council of the Judiciary of the Republic of Hungary with the Chairman and at the same time the President of the Supreme Court dr Zlotán Lomnici, whereas in October - representatives of the Supreme Council of the Judiciary of the Kingdom of Spain with the Chairman Francisco Jose Hernando Santiago.

The international contacts maintained by the Council, or participation in works of the Steering Committee of ENCJ aim at the exchange of opinions and experience. They enrich and widen judges' knowledge, introducing legal solutions of other State Members.

In 2004 the National Council of the Judiciary debated for 33 days at 12 sessions. It adopted 102 resolutions on personnel and special issues. One of the most important were the resolutions expressing the Council's concern at the increasing number of unreliable press articles on functioning of courts and the work of judges.

The National Council of the Judiciary on numerous occasions emphasises that judiciary is not afraid of criticism which results from the well understood social interest. Numerous unreliable press articles as well as commentaries and evaluations had nothing in common with constructive criticism and positive influence on the society.

Meeting of the National Council of the Judiciary with the Management Board of the Chamber of Press Publishers was held on 16 September 2004. The meeting aimed at the specification of the cooperation grounds for the fulfilment of social expectations to be met by the administration of justice and press. In the special announcement both parties noticed the necessity of elaboration on proper standards of mutual relations, which may be used in the performance of public positions by both bodies.

The National Council of the Judiciary applied twice to the President of the Republic of Poland for undertaking actions aiming at the assurance of fair remuneration for judges. Another year of no remuneration increase constituted an impulse for the improvement of the financial status of judges, with the remaining disproportion of the remuneration of judges in comparison with the remuneration of the representatives of other legal professions. The Council issued a similar appeal to the Prime Minister.

It has to be mentioned that in 2004 the National Council of the Judiciary adopted resolutions concerning 505 persons with an application to the President of the Republic of Poland for the appointment to the post of a judge.

The year 2005 was another year of intensive work of the Council with respect to giving opinions on bills of acts and other normative acts. The Council issued a number of very important positions concerning rare, reprehensible behaviour of judges, or - which slowly becomes a rule - relations between the courts and media. They referred to vulgar attacks on judges and courts in press articles of "Fakt" and "Super Ekspress".

Also this year, the Council considerably broadened contacts with the representatives of judiciary authority of other countries and organisations acting within the international area. Irrespective of bilateral meetings (Hungary, Croatia, Ukraine, Slovakia, Kazakhstan) members of the Council participated in many conferences and seminars, which were held within the country as well as abroad.

Between 25 and 26 April 2005 the Second European Conference of Judges was held in Krakow, on the relations between the administration of justice and media. The Conference aimed at an attempt to strengthen the principles of the state ruled by law and at the improvement of the protection of human rights by increasing legal awareness among the society. Representatives of the National Council of the Judiciary participated in the third annual European Conference for the Councils of the Judiciary organised between 2 and 3 June 2005 in Barcelona. Within the participation in ENCJ, representatives of the National Council of the Judiciary participated in numerous meetings abroad that were held in Dublin, London, Barcelona and twice in Rome.

On 23 February 2005 the National Council of the Judiciary celebrated 15th anniversary of its activity. For that occasion a celebration with the participation of former members of the National Council of the Judiciary and many invited guests (among others, the President of the Republic of Poland, Aleksander Kwaśniewski) was organised in the house of the Supreme Court in Warsaw. The former chairmen of the Council reminded the problems of the judiciary, which they encountered during their term of office. The whole celebration ended with awarding commemorative medals of the National Council of the Judiciary to professor Adam Strzembosz and to many former members of the Council.

In 2005 the Council presented to the President of the Republic of Poland an application concerning resolution on the appointment to an office of a judge with respect to 523 persons.

Another year of Council's activity should be evaluated in the context of defence of courts independence. Proposed amendments to the National Council of the Judiciary Act and the Act - Law on Common Courts Organisation posed a threat not only to constitutional values (independence) but restricted judicial sovereignty as well. Therefore, the National Council of the Judiciary participated actively in a public hearing which was held in Sejm in 2006 on the amendments to the National Council of the Judiciary Act. Representatives of numerous courts, Association of Polish Judges "Iustitia" or the Supreme Council of the Attorneys at law noticed common threat and reached unanimous decision that the majority of the proposed amendments was unnecessary and their significant part was contradictory to the Constitution.

It should be mentioned that in 2006 composition of the Council was altered due to expiration of the term of office of some members of the Council or replacement of persons appointed by Sejm and Senate as their representatives for works in the National Council of the Judiciary. These replacements concerned 12 persons.

In 2006 the National Council of the Judiciary was the organiser and host of the IV Conference of the European Network of Councils in Wrocław, in which participated about 100 representatives of Councils of the Judiciary coming from the Member States of the European Union and from outside of the Union.

Within the cooperation with other Councils, in October 2006 delegation of the National Council of the Judiciary visited Bucharest at the invitation of the Romanian Supreme Council of the Judiciary and Podgorica at the invitation of the Council of the Judiciary of Montenegro. In December 2006 a delegation of the Lithuanian Council of the Judiciary visited the Council in Warsaw.

According to statistical data of 2006 the Council debated for 38 days (including 3 days during the off-site session in Baranów Sandomierski). At 15 sessions 119 problem-solving resolutions were adopted and the President of the Republic of Poland was requested to appoint 570 persons to hold posts of judges.

The battle for the budgetary autonomy of the Council was an unexpected success since the Senate of the Republic of Poland rejected the bill of the act of the Sejm, which further postponed introduction of Council's autonomy, the result of which was that from 1 January 2007 Council's income and expenditure constitute a separate part in the budget of the country.

Act of 27 July 2001 on the National Council of the Judiciary adjusting legal status to the Constitution provided for the introduction of budgetary autonomy of the Council from 1 January 2004. This date was subsequently altered for 1 January 2007. In November 2006 the National Council of the Judiciary provided a negative opinion on the draft of Sejm deputies, which provided for further postponement of the introduction of budgetary autonomy of the Council to 31 December 2010.

It should be emphasised that the Council reacted decisively to every attack on the constitutional principle of judicial independence. In the position of 8 February 2006 concerning threats to independence of the judges, the Council severely criticised activities of some members of the government, the Minister of Justice in particular, for interfering into authority of the administration of justice and infringement of judicial independence. The National Council of the Judiciary emphasised, not for the first time, that its actions related to defending independence of judges did not mean that it was against the criticism of court judgments. It is acceptable and needed yet with maintaining proper standards, without insults and threatens towards the judges.