- 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.
- 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”.