One aspect of the right to court is the right to have a case resolved within a reasonable time in proceedings that do not involve lengthiness. The purpose of the article is to present the problem related to the implementation of the Art. 45 paragraph 1 of the Constitution in civil procedure. The order to examine the case without undue delay is one of the procedural components of the constitutional right to court. The inability of the court to hear the case within a reasonable period of time weakens the efficiency of the courts and undermines trust in the state and its organs that safeguard compliance with the law. Getting a court trial quickly is in the direct interest of not only the parties to the proceedings but also the public interest. It is up to the court to ensure that procedural guarantees of proceedings are effective as quickly as possible and at the same time responding. The judgment of the European Court of Human Rights of May 16, 2019, unequivocally pointed to the violation by Poland of the right to a fair trial related to the length of court proceedings. The amendment to the civil procedure of July 4, 2019 may also not accelerate civil proceedings.

The subject of the article is the analysis of the provisions of the Art. 35 (2) of the Act on Local Referendum against the background of the Art. 31 (3) of the Constitution of the Republic of Poland, creating the conditions for admissibility of formulating restrictions on the use of constitutionally specified provisions the rights and freedoms of the individual. The aim of the study is to determine whether the statutory regulation under review remains compliant with the constitutional principle of proportionality regarding the citizen’s right to a court. The main thesis is that the disposition of the Art. 35 (2) of the Local Referendum Act does not infringe the individual’s rights related to the pursuit of claims related to unreliable referendum campaigns.

Some Remarks on the Model of Control Procedures in Disciplinary Proceedings of Academic Teachers in the Light of Constitutional Standards

The subject of the analysis is selected issues related to the model of the instance review procedure in the proceedings of disciplinary responsibility of academic staff conducted under the Law on Higher Education and Science (p.s.w.n.). The research perspective is formed by constitutional values in the form of the principle of appealability of judgments (Art. 78 of the Constitution) and the right to court (Art. 45 in conjunction with Art. 77 of the Constitution). Consideration of the system of legal remedies provided for in the law p.s.w.n. leads to the constatation about the non-uniform model of instance-based control of decisions issued during disciplinary proceedings in the largo sense conducted against an academic teacher. The analysis of the model is carried out taking into account the possibility of challenging decisions issued in the preliminary phase of the proceedings, in the investigation and disciplinary proceedings sensu stricto.