niezależność

  • Ombudsman Institutions and the Judiciary in Sweden and Finland

    Author: Piotr Mikuli
    E-mail: p.mikuli@uj.edu.pl
    Institution: Jagiellonian University in Cracow
    Year of publication: 2017
    Source: Show
    Pages: 37-48
    DOI Address: https://doi.org/10.15804/ppk.2017.06.02
    PDF: ppk/40/ppk4002.pdf

    The short article discusses the competences of ombudsmen in Sweden and Finland in relation to the judiciary. These institutions have controlling and supervisory powers in relation to courts of law, including the determination of the accountability of judges and typical competences of a prosecutor. The Author points out the necessity to read provisions of the constitutions and acts regulating the discussed competences in the light of the principle of the judiciary’s independence. Still, the supervisory rights of ombudsmen in Sweden and Finland are very well developed and may refer to issues approaching closely the sphere of jurisdiction. When assessing the solutions presented, the Author points out the fact that the ombudsmen in both countries have worked out respective practices aimed at such use of available means of control so they cannot be accused of a reasonable and too extended interference with the judiciary sphere.

  • Mandat przedstawicielski w polskiej tradycji ustrojowej i we współczesnym polskim prawie konstytucyjnym

    Author: Maciej Pisz
    Year of publication: 2013
    Source: Show
    Pages: 173-194
    DOI Address: https://doi.org/10.15804/ppk.2013.03.08
    PDF: ppk/15/ppk1508.pdf

    The purpose of this paper is to address the concept of a representative parliamentary mandate in Polish tradition and in contemporary Polish constitutional law. The paper touches upon the concept of the representative mandate in the Polish constitutionalism in a comprehensive and cross-cutting manner, with regard to both former constitutional rules and the current Constitution. The considerations are based on an analysis of the normative regulations and basic doctrinal approaches. Emphasis has been also placed on the historical context of a representative mandate and on conclusions flowing from comparing the two basic models of a parliamentary mandate. The author enriches his views with references to the everyday political practice, which has a significant influence on the real perception of the notion of a representative mandate.

  • Prawne umocowanie Polskiej Komisji Akredytacyjnej w systemie państwa

    Author: Izabela Bernatek-Zaguła
    Institution: Państwowa Wyższa Szkoła Zawodowaj w Legnicy im. Witelona
    Year of publication: 2013
    Source: Show
    Pages: 221-242
    DOI Address: https://doi.org/10.15804/ppk.2013.04.10
    PDF: ppk/16/ppk1610.pdf

    Considerations carried out in this publication are an attempt to locate The Polish Accreditation Committee in a Polish tripartite power and competences division system The paper also aims to establish legal basis and character of Committee’s actions as well as the compatibility of those actions with the constitutional directives and moreover to establish the legal status of Committee’s members. The essence of the research is an attempt to try to provide an answer to the question about the location of the Constitution in the legal-organizational system of the Polish state. In order to do so the author analyzed the legal regulation, on the basis of which the Committee is founded, its members are appointed and its tasks and competences were granted. An effort taken in the paper to explain the phenomenon of the independence of the activity of The Committee as an institution invoked by an organ of the state ad- ministration is of a great importance.

  • Odpowiedzialność dyscyplinarna rzecznika dyscyplinarnego z tytułu naruszenia niezawisłości sędziowskiej

    Author: Piotr Kardas
    E-mail: pkardas@kardas.com.pl
    Institution: Uniwersytet Jagielloński
    ORCID: https://orcid.org/0000-0002-8903-241
    Year of publication: 2020
    Source: Show
    Pages: 93-107
    DOI Address: https://doi.org/10.15804/ppk.2020.04.04
    PDF: ppk/56/ppk5604.pdf

    Disciplinary Responsibility of a Disciplinary Spokesman for Breach of Judicial Independence

    The following article comprises an analysis of the basis and scope of disciplinary liability of a disciplinary spokesman for breach of judicial independence. It indicates the inherent interdependence between judicial disciplinary liability and the constitutionally protected principle of independence. The author believes that a separate judicial disciplinary liability constitutes one of the guarantees of independence. The protection of independence is further enhanced by the autonomy of the disciplinary proceedings and the means of determining the basis for such liability, the limits of which are delineated by independence. Nevertheless, it serves to outline the spokesman’s competences and thus the scope of legal acts. Abuse of the aforementioned competences in this regard is equal to an abuse of independence. What is more, the commentary sets out to introduce a two-tier understanding of the notion of abuse of independence, that is internal and external breaches. Under the current law, it is impossible for a spokesman to be in breach of independence, for he does not boast one. However, a spokesman can undertake to externally abuse another party’s - i.a. a judge’s - independence. Such abuse can be caused by non-adherence to the established limits of judicial disciplinary liability. Under such circumstances, a spokesman is in breach of his competences, which is subsequently reflected in a material violation of judicial independence. The bases of disciplinary liability of a disciplinary spokesman are set forth in the provisions pertaining to the disciplinary liability of the judiciary and the prosecution. Hence, a disciplinary spokesman’s liability is a sub-type of the general disciplinary liability of the judge (or prosecutor) who serves as a spokesman.

  • Independence of the President of the Personal Data Protection Office as a Guarantee for the Personal Data Protection System

    Author: Justyna Ciechanowska
    E-mail: jciechanowska@ur.edu.pl
    Institution: University of Rzeszów
    ORCID: https://orcid.org/0000-0002-6115-0147
    Year of publication: 2020
    Source: Show
    Pages: 261-274
    DOI Address: https://doi.org/10.15804/ppk.2020.06.21
    PDF: ppk/58/ppk5821.pdf

    The purpose of this study is to discuss the guarantees of independence of the national supervisory authority in the light of the provisions of Regulation 2016/679 and national constitutional and statutory provisions. Ensuring the independence of the supervisory authority is recognized as one of the basic European standards for the protection of personal data. Independence manifests itself in the impossibility of issuing guidelines as to the manner of operation, limiting or eliminating the possibility of interfering with pending proceedings, limiting the impact on staffing. It is the independence of the authority that is intended to ensure the effectiveness and credibility of the supervision of compliance with the provisions on the protection of personal data of individuals.

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

    Author: Andrzej Madera
    E-mail: amadera@poczta.onet.pl
    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.

  • Rozliczalność prokuratury – ujęcie instytucjonalne

    Author: Michał Mistygacz
    E-mail: m.mistygacz@uw.edu.pl.
    Institution: Uniwersytet Warszawski
    ORCID: https://orcid.org/0000-0001-7083-7840
    Year of publication: 2021
    Source: Show
    Pages: 19-38
    DOI Address: https://doi.org/10.15804/ppk.2021.01.01
    PDF: ppk/59/ppk5901.pdf

    The purpose of the article is to consider the adoption of possibilities and the legitimacy of mechanisms of accountability of the prosecutor’s office as an institution, in particular by developing criteria for such an assessment that would lead to an increase in the level of efficiency of its functioning, as well as to an increase in the quality of services provided, assuming that the prosecutor’s office is perceived not only as an authority, but also as an entity providing public services. The above approach is inevitable in the era of spreading the idea of good governance, which is becoming more and more popular among the public authorities of modern, democratic countries. It can also be helpful in moving away from the dominant quantitative measurements, in favor of the prevailing qualitative approach of work results. The author analysed the dimensions of the prosecution’s responsibility at a level similar to political responsibility, characteristic for the assessment of the functioning of the legislative authority, and on the managerial level – reserved to the executive authority.

  • Konstytucyjna i konwencyjna proweniencja prawa do sprawiedliwego rozpatrzenia sprawy (prawa do sądu)

    Author: Piotr Krzysztof Sowiński
    E-mail: psowinski@prac.ur.edu.pl
    Institution: Uniwersytet Rzeszowski
    ORCID: https://orcid.org/0000-0003-2210-5877
    Year of publication: 2021
    Source: Show
    Pages: 189-200
    DOI Address: https://doi.org/10.15804/ppk.2021.03.12
    PDF: ppk/61/ppk6112.pdf

    Constitutive and Conventional Provenance of Law to Fair Consideration of Case (Right to a Fair Trial)

    The text is devoted to the problem of the right to a fair trial, which the Polish legislator recognizes as the one of the most important civil rights and liberties. The constitutive and conventional lineage of this right was indicated. It is noted in the text that this right can only be excercised in a state that recognizes the tripartite division of power as well as in situation in which common judiciary is based on four fundamental foundations such as jurisdiction to hear a case of a given type, impartiality, independent in legal, organisational and decision-making terms.

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