- Author:
Leonid Kolobov
- E-mail:
kolobov.lk1608@gmail.com
- Institution:
National Academy of Sciences of Ukraine
- ORCID:
https://orcid.org/0000-0001-5348-430X
- Year of publication:
2021
- Source:
Show
- Pages:
67-79
- DOI Address:
https://doi.org/10.15804/ksm20210106
- PDF:
ksm/29/ksm2906.pdf
The article considers the issue of non-execution and / or long-term execution of court decisions by the judicial bodies of Ukraine, which are assigned the relevant functions by law, which serves as the basis for numerous appeals of citizens to the European Court of Human Rights. The decisions of the European Court of Human Rights on the consideration of complaints of persons who are parties to enforcement proceedings - collectors in connection with the noncompliance of the state of Ukraine with court decisions and resolutions of the Cabinet of Ministers of Europe are analyzed.
- Author:
Dawid Daniluk
- E-mail:
dawid.daniluk@gmail.com
- Institution:
Uniwersytet Warmińsko-Mazurski w Olsztynie
- ORCID:
https://orcid.org/0000-0002-3901-8764
- Year of publication:
2023
- Source:
Show
- Pages:
231-244
- DOI Address:
https://doi.org/10.15804/ppk.2023.02.17
- PDF:
ppk/72/ppk7217.pdf
The Right to Free Legal Aid in the Light of the Constitutional Principle of Equality
The aim of the article is to analyze the solutions enabling the use of legal aid in the light of the principle of equality under the Art. 32 of the Constitution of the Republic of Poland. There is an inconsistency between the aid at the judicial and pre-court stage. Theoretically, both forms of legal aid are aimed at people in a difficult financial situation. In practice, aid at the pre-court stage can be provided to both poor and very wealthy people, as the assessment of the inability to bear the costs of paid legal aid is based only on the subjective belief of these people. On the other hand, the grounds for obtaining legal aid at the judicial stage must be clearly demonstrated by the person applying for the appointment of a professional lawyer.
- Author:
Marcin Szwed
- E-mail:
m.szwed@uw.edu.pl
- Institution:
Uniwersytet Warszawski
- ORCID:
https://orcid.org/0000-0002-7692-7043
- Year of publication:
2023
- Source:
Show
- Pages:
97-107
- DOI Address:
https://doi.org/10.15804/ppk.2023.06.07
- PDF:
ppk/76/ppk7607.pdf
The Permissibility of Ex Lege Termination of the Term of Office of the Judicial Members of the National Council of the Judiciary in its Composition Resulting from the Act of 8 December 2017, in the Light of the Case Law of the European Court of Human Rights
The article analyzes the permissibility of terminating the terms of office of current members of the National Judiciary Council without providing them with access to court from the perspective of the case law of the European Court of Human Rights. The starting point is the judgment of the ECtHR in the case of Grzęda v. Poland, in which it was found that the ex lege termination of the terms of office of the NCJ members in 2018 violated Art. 6 of the European Convention on Human Rights. However, the interpretation of the ECHR cannot disregard the specific context related to the lack of independence of the current NCJ and its negative impact on the integrity of the judicial appointment process. These circumstances justify the conclusion that Art. 6 ECHR would not protect the current members of the NCJ from the termination of their terms of office.