Grajewski Krzysztof, Dysfunctionality of the National Council of the Judiciary in the Polish Constitutional System After Statutory Changes. Glosa do uchwały SN z dnia 23 stycznia 2020 r., BSA I-4110-1/20

Glosy
Opublikowano: GSP 2020/4/161-169
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Rodzaj: glosa

Dysfunctionality of the National Council of the Judiciary in the Polish Constitutional System After Statutory Changes. Glosa do uchwały SN z dnia 23 stycznia 2020 r., BSA I-4110-1/20

1. The resolution of the Combined Chambers of the Supreme Court: Civil, Criminal, Labour Law and Social Security has recently been one of several communications of the judicature pertaining to the issues related to the broadly understood position of the judiciary in Poland. Statutory changes of the third authority systematically introduced on the legislative level since 2015 by the currently ruling parliamentary majority have raised numerous doubts in the doctrine and the governmental practice. It is worth noting once again that such initiatives are clearly aimed at reduction of the constitutional principle of the independence of courts (art. 173 of the Constitution ) and the independence of judges (art. 178 of the Constitution) , and their extensive range has even led to the formulation of a thesis on the„hostile takeover” of the constitutional order in the reference books. „A hostile takeover is the process of procuring, by the parliamentary majority (...), of control over the...

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