disciplinary tort

  • Granice deliktu dyscyplinarnego sędziego

    Author: Michał Laskowski
    E-mail: mianlask@gmail.com
    Institution: sędzia Sądu Najwyższego
    ORCID: https://orcid.org/0000-0002-1620-5380
    Year of publication: 2020
    Source: Show
    Pages: 161-181
    DOI Address: https://doi.org/10.15804/ppk.2020.04.08
    PDF: ppk/56/ppk5608.pdf

    Boundaries of a Judge’s Disciplinary Tort

    The subject of the article is to show the key issues related to the disciplinary liability of judges, among which the author analyses the notion of disciplinary tort and the substantive criminal law institutions relating to it, including culpability, the degree of social harmfulness, and the stadial and phenomenal forms. The study attempts to answer the question about the legitimacy of separating the notion of corporate harmfulness in relation to the rules of functioning of the professional environment of judges. The article also contains considerations concerning the prerequisites of disciplinary liability of judges, taking into account the specificities provided by the legislator for each category of courts, as well as the directions of interpretation of the prerequisite of obvious and gross violation of the law and the prerequisite of a breach of dignity of the office in relation to the scope of the concept of judicial independence.

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