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Constitutional aspects of the reform of the Polish justice system in 2017–2018 Cover

Constitutional aspects of the reform of the Polish justice system in 2017–2018

Open Access
|Oct 2019

Abstract

The article concerns the issue of constitutionality of the reform of the justice system in Poland in 2017–2018, which resulted in significant changes of the functioning of the National Council of the Judiciary and the Supreme Court. When discussing the reform of the Supreme Court, the author first of all points to the constitutional problems associated with the premature retirement of some of its judges, which is also connected with the interruption of the six-year term of the First President of the Supreme Court. A separate issue discussed in the article is the introduction to the Supreme Court the lay judges, which is a unique phenomenon on the global scale. The analyses lead the author to formulate final conclusions, also referring to the European regulations and to refer to the unconstitutionality of the solutions adopted by the Polish parliament.

DOI: https://doi.org/10.2478/iclr-2018-0060 | Journal eISSN: 2464-6601 | Journal ISSN: 12138770
Language: English
Page range: 276 - 293
Published on: Oct 7, 2019
Published by: Palacký University Olomouc
In partnership with: Paradigm Publishing Services
Publication frequency: 2 issues per year

© 2019 Mateusz Radajewski, published by Palacký University Olomouc
This work is licensed under the Creative Commons Attribution-NonCommercial-NoDerivatives 3.0 License.