Delegowanie sędziego przez Ministra Sprawiedliwości

Although the institution of the secondment of a judge by the Minister of Justice has been present in the Polish legal system since the 1920s, it continues to raise a number of important concerns. This publication is the first comprehensive monograph on this issue. In the chapters that follow, the...

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Bibliographic Details
Main Author: Denka, Jan
Format: Online
Language:Polish
Published: Adam Mickiewicz University Press 2024
Subjects:
Online Access:https://directory.doabooks.org/handle/20.500.12854/146135.2
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Summary:Although the institution of the secondment of a judge by the Minister of Justice has been present in the Polish legal system since the 1920s, it continues to raise a number of important concerns. This publication is the first comprehensive monograph on this issue. In the chapters that follow, the author discusses such issues as the concept of secondment and the origins of this institution; legislative changes over the last 20-plus years of the Law on the Common Court System; the legal nature of the act of seconding a judge; the statistics on the secondment of judges; the compatibility of the secondment of judges with constitutional and European standards; and the defectiveness of judgments issued with the participation of seconded judges. The monograph contains a number of findings of fundamental importance for ensuring effective judicial protection for the individual in a democratic legal state. At the same time, proposals are presented for solving current problems relevant to judicial practice. The book is primarily addressed to judges, prosecutors, legal counsels, attorneys, legislators, and those researching constitutional law, international law and European Union law, as well as students and others interested in the Polish judiciary.