Supreme Court

  • Immunitet sędziowski w sprawach karnych na tle procesu delegitymizacji Izby Dyscyplinarnej Sądu Najwyższego

    Author: Michał Mistygacz
    E-mail: m.mistygacz@uw.edu.pl
    Institution: Uniwersytet Warszawski
    ORCID: https://orcid.org/0000-0001-7083-7840
    Year of publication: 2020
    Source: Show
    Pages: 137-160
    DOI Address: https://doi.org/10.15804/ppk.2020.04.07
    PDF: ppk/56/ppk5607.pdf

    Immunity of a Judge in Criminal Matters in the Context of the Process of the Delegitimization of the Disciplinary Chamber of the Supreme Court

    The subject of the article is to show the issues related to the institution of judicial immunity and its importance in bringing judges to criminal liability on the basis of current constitutional and procedural provisions. The author made these considerations a starting point for an in-depth analysis of the issue of delegitimization of the judiciary on the basis of recent processes in Poland concerning the National Council of the Judiciary and the newly established Disciplinary Chamber of the Supreme Court. The whole is issue situated on the level of EU law, national regulations and rich jurisprudence of the judicial authorities.

  • Rzecznik Praw Obywatelskich a organy władzy sądowniczej

    Author: Halina Zięba-Załucka
    E-mail: hzalucka@onet.eu
    Institution: Uniwersytet Rzeszowski
    ORCID: https://orcid.org/0000-0003-1646-3141
    Year of publication: 2021
    Source: Show
    Pages: 127-146
    DOI Address: https://doi.org/10.15804/ppk.2021.03.08
    PDF: ppk/61/ppk6108.pdf

    The Ombudsman and the Organs of Judicial Power

    The author shows that, in order to protect rights and freedoms, the Ombudsman, with the help of various instruments and depending on the infringements found, undertakes actions with organs of the judiciary, on which obligations concerning the protection of human rights and other subjects have been imposed. This article reviews the forms of the Ombudsman’s relations with the Supreme Court, the Supreme Administrative Court, the Constitutional Tribunal, and common courts. Their aim is to raise the level of respect for human and civil rights. In this context the thesis of the article is as follows: in view of structural, legal and organisational defects of the state, the Ombudsman notes that new threats to human and civil rights appear, freedoms or rights granted to them are often taken away in a manner inconsistent with constitutional standards, and public authorities exceed the sphere of their powers in an expcessive manner. Allegations made in complaints against public authorities are often verified by the Ombudsman in the course of inquiries with his participation. The Ombudsman keeps his distance from these bodies, which enables him to influence them in the field of human rights protection, and above all to influence the individuals subordinate to them.

  • Weryfikacja ważności wyborów ogólnokrajowych w Polsce

    Author: Ryszard Balicki
    E-mail: ryszard.balicki@uwr.edu.pl
    Institution: Uniwersytet Wrocławski
    ORCID: https://orcid.org/0000-0002-9192-908X
    Year of publication: 2021
    Source: Show
    Pages: 249-258
    DOI Address: https://doi.org/10.15804/ppk.2021.04.14
    PDF: ppk/62/ppk6214.pdf

    Verification of the validity of nationwide elections in Poland

    The article discusses the procedure for verifying the validity of nationwide elections in Poland. The author draws attention to the important role attributed to elections as an essential element of the democratic system and the need to preserve the will expressed by the sovereign in voting. Verification of elections in Poland is carried out by the Supreme Court, in a two-stage procedure involving issuing an opinion on the election protests lodged and then passing a resolution on the validity of the elections. The author draws attention to the narrow and formalistic interpretation of legal norms in the course of issuing a resolution on the validity of elections.

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