Procedural Aspects on Impartial and Independent Judging - How Can a Court Decide Whether Another Court and its Judges are Impartial and Independent?
(2022) In Giornale di Storia Costituzionale 2/2022(44).- Abstract
- Poland and polish courts have been the subject of much attention during recent years, because of alleged problems in relation to the organisation of justice in Poland. It has been claimed that new suggested legislation in Poland, and changes in the system for appointing judges, prevents courts in Poland from adjudicating justice in a fair and independent manner in accordance with the Rule of Law. As a matter of fact, the situation is so serious that both the European Court of Human Rights and the Court of Justice of the European Union have ruled that the new polish legislation is contrary to the European Convention of Human Rights and EU-Law.
In this paper the ambition is to shed light on the current situation with a specific aim to... (More) - Poland and polish courts have been the subject of much attention during recent years, because of alleged problems in relation to the organisation of justice in Poland. It has been claimed that new suggested legislation in Poland, and changes in the system for appointing judges, prevents courts in Poland from adjudicating justice in a fair and independent manner in accordance with the Rule of Law. As a matter of fact, the situation is so serious that both the European Court of Human Rights and the Court of Justice of the European Union have ruled that the new polish legislation is contrary to the European Convention of Human Rights and EU-Law.
In this paper the ambition is to shed light on the current situation with a specific aim to explain and analyse the problems from a procedural law perspective. Why, to put it differently, is the polish court system not considered to be in accordance with the Rule of Law?
The paper begins with a review of the criteria that must be met for a decision making body to be classified as a tribunal according to Article 6 (1) of the European Convention on Human Rights and Article 47 of the Charter of Fundamental Rights of the European Union, followed by an analysis of the concept independent and impartial tribunals, with a certain focus on the situation in Poland. The paper ends with some concluding comments.
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Please use this url to cite or link to this publication:
https://lup.lub.lu.se/record/66019d96-08ae-4dd2-9264-18ba88e237d5
- author
- Maunsbach, Lotta LU
- organization
- publishing date
- 2022-10-01
- type
- Contribution to journal
- publication status
- published
- subject
- keywords
- Processrätt, Rättsstatsprincipen, Civil and criminal procedure, Rule of law
- in
- Giornale di Storia Costituzionale
- volume
- 2/2022
- issue
- 44
- publisher
- Edizioni Universita Macerata
- ISSN
- 1593-0793
- project
- Att bedöma andra domares oavhängighet. Historiska fundament och praktiska tillvägagångssätt vid mötandet av hoten mot rättsstaten i Europa
- language
- English
- LU publication?
- yes
- id
- 66019d96-08ae-4dd2-9264-18ba88e237d5
- alternative location
- http://www.storiacostituzionale.it/GSC44.html
- date added to LUP
- 2022-09-15 14:26:40
- date last changed
- 2023-03-21 09:31:54
@article{66019d96-08ae-4dd2-9264-18ba88e237d5,
abstract = {{Poland and polish courts have been the subject of much attention during recent years, because of alleged problems in relation to the organisation of justice in Poland. It has been claimed that new suggested legislation in Poland, and changes in the system for appointing judges, prevents courts in Poland from adjudicating justice in a fair and independent manner in accordance with the Rule of Law. As a matter of fact, the situation is so serious that both the European Court of Human Rights and the Court of Justice of the European Union have ruled that the new polish legislation is contrary to the European Convention of Human Rights and EU-Law. <br/>In this paper the ambition is to shed light on the current situation with a specific aim to explain and analyse the problems from a procedural law perspective. Why, to put it differently, is the polish court system not considered to be in accordance with the Rule of Law?<br/>The paper begins with a review of the criteria that must be met for a decision making body to be classified as a tribunal according to Article 6 (1) of the European Convention on Human Rights and Article 47 of the Charter of Fundamental Rights of the European Union, followed by an analysis of the concept independent and impartial tribunals, with a certain focus on the situation in Poland. The paper ends with some concluding comments. <br/>}},
author = {{Maunsbach, Lotta}},
issn = {{1593-0793}},
keywords = {{Processrätt; Rättsstatsprincipen; Civil and criminal procedure; Rule of law}},
language = {{eng}},
month = {{10}},
number = {{44}},
publisher = {{Edizioni Universita Macerata}},
series = {{Giornale di Storia Costituzionale}},
title = {{Procedural Aspects on Impartial and Independent Judging - How Can a Court Decide Whether Another Court and its Judges are Impartial and Independent?}},
url = {{https://lup.lub.lu.se/search/files/141021441/Maunsbach_GSC_44_2022.pdf}},
volume = {{2/2022}},
year = {{2022}},
}