independence of the judiciary

  • The Organization of the Judicial System in Post-War Poland

    Author: Andrzej Madera
    Institution: Pedagogical University of National Education Commission in Krakow
    ORCID: https://orcid.org/0000-0001-5281-1743
    Year of publication: 2020
    Source: Show
    Pages: 307-316
    DOI Address: https://doi.org/10.15804/ppk.2020.06.25
    PDF: ppk/58/ppk5825.pdf

    Independence of the judiciary is a fundamental value. It determines the quality of organization and work, as well as the role that judicature plays in a democratic country. Justice, based on the rule of law and constituting the highest value for the society, can be implemented only in the spirit of this independence. Any changes and modifications ought to strive for one goal - a strong, independent judicature. The paper introduces the reconstruction process of the Polish judiciary after World War II, outlining the problems and challenges that it had to face in that period.

  • 100 lat definiowania polskiego modelu „separacji” władzy sądowniczej

    Author: Mariusz Jabłoński
    Institution: Uniwersytet Wrocławski
    ORCID: https://orcid.org/0000-0001-8347-1884
    Year of publication: 2021
    Source: Show
    Pages: 119-151
    DOI Address: https://doi.org/10.15804/ppk.2021.04.06
    PDF: ppk/62/ppk6206.pdf

    100 years of defining the Polish model of “separation” of the judiciary – what we had, what we have and what we might want to have

    The subject of the study is an analysis of over a hundred years of practice defining the role and political position of courts in Poland. The verification will be subject to compliance in the practice of exercising power not only with constitutional provisions (or indicating the reasons and consequences of their omission), but also with other regulations that accompany the creation and application of specific legal solutions in the context of guaranteeing the independence of the judiciary. At the same time, the assessment of the adopted solutions in terms of respect for the standards developed by international bodies for the protection of individual freedoms and rights and EU bodies was taken into account.

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