- 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:
Anna Frankiewicz-Bodynek
- E-mail:
a.mfrankiewicz@gmail.com
- Institution:
Uniwersytet Opolski
- ORCID:
https://orcid.org/0000-0003-1304-9383
- Year of publication:
2022
- Source:
Show
- Pages:
141-153
- DOI Address:
https://doi.org/10.15804/ppk.2022.06.10
- PDF:
ppk/70/ppk7010.pdf
On the Compliance with the Constitution of the Republic of Poland of the Appointment of Judges – Members of the National Council of the Judiciary by the Sejm
The subject of this text is to determine whether Article 9a of the Law on the National Council of the Judiciary is compatible with the Constitution of the Republic of Poland. In order to answer this question, the relationship that should prevail between the various authorities in a system based on the principle of separation of powers was analyzed. Then, doubts were resolved as to whether the NCJ is a body appearing in the division of powers of the judiciary. In the end, it was concluded that in the RP, the Sejm should have no other creative powers over the judiciary than those expressly provided for in the Constitution of the RP. Otherwise, the chamber is placed in a position of unjustified supremacy vis-àvis the judiciary, and the judicial power provides no guarantee that human freedoms and rights will be decided by independent and impartial courts staffed by independent judges.