sądownictwo

Ombudsman Institutions and the Judiciary in Sweden and Finland

Author: Piotr Mikuli
Institution: Jagiellonian University in Cracow
Year of publication: 2017
Source: Show
Pages: 37-48
DOI Address: https://doi.org/10.15804/ppk.2017.06.02
PDF: ppk/40/ppk4002.pdf

The short article discusses the competences of ombudsmen in Sweden and Finland in relation to the judiciary. These institutions have controlling and supervisory powers in relation to courts of law, including the determination of the accountability of judges and typical competences of a prosecutor. The Author points out the necessity to read provisions of the constitutions and acts regulating the discussed competences in the light of the principle of the judiciary’s independence. Still, the supervisory rights of ombudsmen in Sweden and Finland are very well developed and may refer to issues approaching closely the sphere of jurisdiction. When assessing the solutions presented, the Author points out the fact that the ombudsmen in both countries have worked out respective practices aimed at such use of available means of control so they cannot be accused of a reasonable and too extended interference with the judiciary sphere.

Hungarian understanding of the division of powers

Author: Radosław Grabowski
Institution: Uniwersytet Rzeszowski
Author: Ivan Halász
Institution: Uniwersytet Śląski w Opawie
Year of publication: 2016
Source: Show
Pages: 59-78
DOI Address: https://doi.org/10.15804/ppk.2016.06.03
PDF: ppk/34/ppk3403.pdf

Hungarian constitutional system has a number of characteristics, including division of power. This is a result atypical evolution of the political system in Hungary after 1989. Most of the countries of Central and Eastern made a thorough reconstruction of the political system in the nineties of the twentieth century, many constitutions were adopted in 1991–1994. Otherwise had done Hungarians, making a 1989 amendment to the Constitution of 1949. and the adoption of a new constitution putting off indefinitely. Completely new Fundamental Law was adopted only in 2011., in force since 1 January 2012. It introduced in the Hungarian constitutional system significant changes, modifying the way the principle the division of powers. The changes seem to be rational, and therefore to be expected that the Hungarian model finds followers.

Szczególne znaczenie losowania dla sądownictwa

Author: Artur Ławniczak
Institution: Uniwersytet Wrocławski
Year of publication: 2011
Source: Show
Pages: 13-41
DOI Address: https://doi.org/10.15804/ppk.2011.02.01
PDF: ppk/06/ppk601.pdf

Special meaning of ballot for the judiciary 

Lot and ballot are alternatives forms of the election. In the ancient democracy the first possibility was more popular as better because is independent from the people’s emotions. So Aristotle and Montesquieu represent the constant view that ballot is typical for aristocracy and lot for democracy. The both incarnations of election we can find in medieval Italian city-states as Venice or Firenze, but Great French Revolution changes the democratical paradigm in the direction of victory of balloting as practical almost unique variant of election in the modern both socialist and liberal democracies. In our times lot exists in electional procedures sporadically, for example in the situation of the equal quantity of voices given for two or more candidates. In such situation the creators of law, also in Poland, accept the possibility of using lot in the character of aiding, also evidently non substantial, procedure in the modern democracy

Delikty proti životu v provincii XIII spišských miest v druhej polovici 16. storočia a v prvej polovici 17. storočia

Author: Michaela Kurinovská
Year of publication: 2016
Source: Show
Pages: 181-198
DOI Address: https://doi.org/10.15804/hso160208
PDF: hso/11/hso1108.pdf
License: This article is an open access article distributed under the terms and conditions of the Creative Commons Attribution license CC BY-NC-ND 4.0.

Delicts against Human Life in Province of XIII Scepus Towns in the Second Half of the 16th Century and the First Half of the 17th Century

This paper deals with delicts against human life (more specifically, newborn child murder by mother, killing in self-defence and accidental killing, premeditated homicide and manslaughter) in Province of XIII scepus towns, which were recorded in the protocols of central administration of Province of XIII scepus towns together with others records related to the administration of the province. Time limits of the issue are years 1550 and 1650.

Rady sądownictwa w Andorze, Monako i San Marino

Author: Paweł Kubacki
Institution: Uniwersytet Łódzki
ORCID: https://orcid.org/0000-0002-1173-0784
Year of publication: 2020
Source: Show
Pages: 297-315
DOI Address: https://doi.org/10.15804/ppk.2020.02.16
PDF: ppk/54/ppk5416.pdf

Judicial Councils in Andorra, Monaco and San Marino

The purpose of the thesis is to show constitutional position of judicial councils in Andorra, Monaco and San Marino. The thesis presents an analysis of history and constitutional evolution of these bodies and presents their constitutional status form the point of view of the composition and organization and granted competences. The analysis leads to the conclusion that each of three microstates adopts a different concept of the constitutional role of the judicial council.

Development of Justice and Transformation of Judicial Authorities in Slovakia after 1989

Author: Branislav Bujňák
ORCID: https://orcid.org/0000-0002-0662-7221
Year of publication: 2020
Source: Show
Pages: 431-442
DOI Address: https://doi.org/10.15804/ppk.2020.05.32
PDF: ppk/57/ppk5732.pdf

In this article, the author tries to point out the problems of the legal system and democratic society after 1989 in the condition of Slovak Republic and ultimately almost in all the countries of post-Communist period. The aim of this work is to point out the development of justice and judicial authorities in Slovakia since 1989 and its current state. The result should be the naming of all elements influencing the judiciary, decision-making activity of court in the context of the directive and the rules of the European Community. The next point is the description of the independence and connection of the judiciary and its offices to state power and related isues. Also, the autor describes to the establishment of the Judicial Council of the Slovak Republic as the highest office of the judiciary in the Slovak Republic, its competences, powers and functioning. In the same way there are listed other offices without which the judiciary as such could not function like Prosecutor’s Office of the Slovak Republic, Slovak Bar Association, Notary Chamber of the Slovak Republic and Slovak Chamber of Executors. At the end of the article the author evaluates the development of justice in the context of an ever-evolving democratic society.

Instytucja asystenta sędziego w Polsce na tle wybranych państw Europy

Author: Izabela Oleksiewicz
Institution: Politechnika Rzeszowska im. Ignacego Łukasiewicza
ORCID: https://orcid.org/0000-0002-1622-7467
Author: Piotr Osowy
Institution: Uniwersytet Jana Kochanowskiego w Kielcach
ORCID: https://orcid.org/0000-0002-4623-1862
Year of publication: 2022
Source: Show
Pages: 265-276
DOI Address: https://doi.org/10.15804/ppk.2022.04.21
PDF: ppk/68/ppk6821.pdf

Institution of a Polish Judge’s Assistant on the Example of Selected European Countries

The aim of the article will be a trial to identify the “best” solution in Polish legal system, while identifying the main differences and similarities in selected systems of European countries. Taking the differences in the legal traditions and cultures of all judicial systems, there is a need for in-depth comparative studies. The article will characterize the position of a judge’s assistant in Poland in comparison with the other European countries (Austria, Germany, Switzerland, Italy), which had the greatest impact on the development of Polish law. The article analyzes the position of an assistant judge in the Poland in relation to various systems of European law, in the institutional and legal dimension, taking into account practical problems and the applicable legal status. The authors also relied on the Opinion 22 (2019).As the conclusions, the authors proposed, inter alia, change of legal regulations regarding to the promotion of assistants in Poland.

Transitional Justice, the Dual State, and the Rule of Law

Author: Piotr Mikuli
Institution: Jagiellonian University, University of Sheffield
ORCID: https://orcid.org/0000-0001-5898-1874
Year of publication: 2023
Source: Show
Pages: 273-285
DOI Address: https://doi.org/10.15804/ppk.2023.02.20
PDF: ppk/72/ppk7220.pdf

In this article, the author argues that the introduction of measures in Poland to remedy violations of the rule of law, particularly regarding the judicial system, does not require so far referring to the principles of transitional justice. The author loosely refers to Ernst Fraenkel’s concept of a dual state which is sometimes used to describe the political reality in contemporary Poland. In a dual state, there are two parallel realities, and apart from politicized organs there may also exist institutions that have not yet been captured by the ruling party, i.e. institutions that do not recognise the current, unconstitutional legal order. Therefore, according to the author, the assessment of the legal legitimacy of certain institutions or persons (including judges), after the restoration of the rule of law in the nearest future, may differ from the classic transition from a completely non-democratic to a democratic regime.

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