prawo do sądu

  • The right to a fair trial in the system of individual rights and freedoms

    Author: Anna Krawczyk-Sawicka
    E-mail: anna.krawczyk@kul.pl
    Institution: John Paul II Catholic University in Lublin
    ORCID: https://orcid.org/0000-0002-1294-4872
    Year of publication: 2020
    Source: Show
    Pages: 653-659
    DOI Address: https://doi.org/10.15804/ppk.2020.06.54
    PDF: ppk/58/ppk5854.pdf

    The right to a fair trial is at the forefront of the key individual rights in a broad catalogue of all rights and freedoms, for at least several reasons. Firstly, because it provides for one of the most important procedural mechanisms for the enforcement of all the other rights and freedoms. Secondly, because it protects the individual against potential violation of their rights and freedoms. Thirdly, because it is a reflection of the relation between the individual and the state, indicating all those elements that are today commonly considered as specific measures in the democracy index. As a consequence, the manner in which the right to a fair trial is established and its specific structure determines all other rights and freedoms, and especially their practical application, which determines whether the rights and freedoms are concrete or only appearances.

  • Konstytucyjne aspekty kasatoryjnego orzekania w polskim procesie karnym

    Author: Monika Klejnowska
    E-mail: mklejn@univ.rzeszow.pl
    Institution: Uniwersytet Rzeszowski
    ORCID: https://orcid.org/0000-0002-0025-0371
    Year of publication: 2021
    Source: Show
    Pages: 297-312
    DOI Address: https://doi.org/10.15804/ppk.2021.02.18
    PDF: ppk/60/ppk6018.pdf

    Constitutional aspects of cassation judgment in the Polish criminal trial

    The article shows how the cassation appeal model determines the exercise of the right to a fair trial. The aim was to examine the constitutionality of solutions concerning re- trial not considered to a greater extent in the science of the criminal process. The for- mal and dogmatic method was used in the research. The Constitution of the Republic of Poland does not indicate what the model of the criminal trial is. It does not explicitly contain an order or a prohibition to repeal judgments and refer the case for reconsidera- tion. The legislator, while shaping the right to revoke judgments, including legally bind- ing ones, and to refer the case for reconsideration, must, however, particularly carefully balance all the conflicting values. It must particularly take into account the importance of hearing a case without undue delay and the stability of final court decisions as con- stitutional values.

  • 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.

  • Dopuszczalność ustanowienia instytucji sędziów pokoju na gruncie Konstytucji RP

    Author: Anna Surówka-Pasek
    E-mail: surowkaa@uek.krakow.pl
    Institution: Uniwersytet Ekonomiczny w Krakowie
    ORCID: https://orcid.org/0000-0002-7396-0884
    Year of publication: 2021
    Source: Show
    Pages: 431-440
    DOI Address: https://doi.org/10.15804/ppk.2021.05.34
    PDF: ppk/63/ppk6334.pdf

    Admissibility to establish the institution of justices of the peace under the Constitution of the Republic of Poland

    The study is a brief presentation of the issue of the possibility of introducing the institution of justices of the peace in the Republic of Poland and the guarantees ensuring the independence for justices of the peace.

  • The Constitutional Status of the Amicable Judiciary (Arbitration) and the Right to a Trial in the Context of the Concept of “Administration of Justice” in the Constitution of the Republic of Poland of 1997. Selected Aspects of the Definition and Doctrine

    Author: Łukasz Mroczyński-Szmaj
    E-mail: lmroczynski@ur.edu.pl
    Institution: University of Rzeszów
    ORCID: https://orcid.org/0000-0002-4256-5136
    Year of publication: 2021
    Source: Show
    Pages: 63-77
    DOI Address: https://doi.org/10.15804/ppk.2021.06.05
    PDF: ppk/64/ppk6405.pdf

    The study discusses amicable dispute resolution in the light of the constitutional principle of the right to a trial and the constitutional concept of the “administration of justice”. In the paper, the author outlines the definitions and doctrinal approaches present in the ongoing debate in the Polish literature on the status of forms of amicable dispute resolution in the Constitution of the Republic of Poland of 1997. De lege ferenda, the author considers it practical and socially justified to amend the Constitution of the Republic of Poland by explicitly specifying the place of arbitration dispute resolution in the hierarchical system of the Basic Law, hence, as the principle of the right to a trial in its broad meaning, i.e., as the right to an effective means of dispute resolution, as well as by defining relevant relations with the conceptual scope of the “administration of justice”.

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