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provincial people's council, is responsible for the execution of the resolutions of the parish people's council and, at the same time, is subordinate to the people's council on the next higher level (i.e., the district). This arrangement makes the parish chief directly accountable to the higher echelons of local government rather than the parish council and may lead to considerable friction and frustration at the local level. Moreover, the relationship between the party apparatus at the parish level and the parish chief is not clear. It is possible that the broad party control at this level will be diminished, or that the parish chief will be given more power vis-a-vis the party organization than the regime is willing to admit, lest it be accused of diluting party control.
It might have been easier to draw the lines of authority more closely had the reform not been restricted to the lowest level of local government, but even in its present restricted form, the reorganization has far-reaching implications. Concentration in the parishes of managerial powers over a considerable volume of investment funds, the subordination to the parish authorities of all economic units which provide services within a particular area, and other extensive economic powers may eventually result in the real economic and administrative integration of the parishes. In time these economic micro-regions may become to a large extent independent of outside interference. This may create a material basis for the introduction of a real - not merely theoretical - decentralization.
d. Judiciary
(1) Court system - The Polish court system is generally aligned with the country's administrative structure, being composed of 19 provincial courts, 320 district or county courts, and a number of special courts such as the social security tribunals which deal with disputes arising from the complex system of social security benefits. The court system includes military courts, which can try civilians in cases of espionage. The Supreme Court - whose members are appointed by the Council of State for 5-year terms - is at the apex of the entire court system, which is administered as a whole by the Ministry of Justice. The jurisdiction of the Ministry of National Defense over the military courts is said to pertain "only" to cases involving military discipline and to the "technical" supervision of the military court structure, although its competence undoubtedly is wider.
Cases within the regular court system may be originated either in the country or provincial courts, depending on their gravity. Normally, only one appeal is possible, with the next higher court serving as the court of appeal; unlike judicial systems based on Anglo-Saxon common law, Polish judicial procedure permits appeals against a sentence to be made by either the prosecution of the defense. The Supreme Court serves ordinarily as the court of appeals for cases originating in the provincial courts, and as a court of special appeal. An important part of its business is elaboration on legal theory, although the judiciary as a whole lacks any power of legislative or constitutional review.
In August 1972, the Gierek regime officially announced that work was in progress "on a study of the concept of judicial control over administrative decisions," i.e., over various decrees and regulations by government agencies having the force of law. The aim of this effort was subsequently said to be dual: the "protection of civic rights and social interests," and to ensure conformity of ministerial decrees and regulations with standing superior legislation. It does not appear that this measure gives the judiciary any significant power of legislative review in the Western sense.
Sharing the practice prevalent in continental Europe, the Polish judicial system does not employ a jury; instead, cases are normally tried by a panel of three judges, with sentences reached on the basis of majority opinion. The panel of judges, or the court bench, is composed of both professional and lay judges with equal status. The latter represent a Communist innovation common in one form or another in most Communist countries: Under the guide of increasing popular participation in the administration of justice, deserving and politically reliable activists are elected for 2-year terms to serve as lay judges, a practice which assures the regime of political control over the professional judiciary. Two of the three judges in all courts of first instance are lay judges; all other courts, i.e., military courts, special courts, provincial courts acting as court of appeal from the district level, and the Supreme Court employ only professional judges. Members of the professional judiciary are appointed by the Council of State, although the 1952 constitution contains an unimplemented provision making the office of judge elective. In 1970 Poland's professional judiciary included 105 senior judges of the Supreme Court, 758 judges on the provincial level, and 2,087 judges in district courts.
The nominally independent Office of the Prosecutor General is assigned the commanding role in the entire judicial process. Appointed by the Council of State, the Prosecutor General works through a system of subordinate provincial and county prosecutors in close
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