- 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.
- Author:
Grzegorz Koksanowicz
- E-mail:
koksanowiczkancelaria@wp.pl
- Institution:
Uniwersytet Marii Curie-Skłodowskiej w Lublinie
- ORCID:
https://orcid.org/0000-0002-2076-1953
- Year of publication:
2022
- Source:
Show
- Pages:
101-114
- DOI Address:
https://doi.org/10.15804/ppk.2022.06.07
- PDF:
ppk/70/ppk7007.pdf
Changes in the Justice System and the Enforceability of the Judgments of the National Bar of Attorneys at Law’s Disciplinary Courts – Notes in Relation to Article 17 sec. 1 of the Constitution
The purpose of this paper is to analyse the legal problem related to the activity of the disciplinary courts of the National Bar of Attorneys at Law in connection with the amendments enacted in 2017 in the area of the justice system. This issue is immanently connected with the questioning, both by Polish and international jurisprudence, of the status of the Disciplinary Chamber of the Supreme Court that existed until 14 July 2022 as a court with constitutional features. Therefore, it is significant to answer the question whether the rulings of the disciplinary courts of the National Bar of Attorneys at Law, which have undergone cassation review in the Supreme Court, produce legal effects in the current legal state and should be enforced by the organs of the National Bar of Attorneys at Law. This issue is of fundamental importance for the activity of the National Bar of Attorneys at Law since the Bar’s ability to fulfil the constitutional function of concerning itself with the proper practice of the profession of an attorney at law largely depends on the answer to this question.