<abstract xmlns="http://www.w3.org/1999/xhtml"><p>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.</p></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.

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

SWPS University of Social Sciences and Humanities

International and Comparative Law Review

This work is licensed under the Creative Commons Attribution-NonCommercial-NoDerivatives 3.0 License.

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...

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

Publié en ligne: 07 oct. 2019

Pages: 276 - 293

DOI: https://doi.org/10.2478/iclr-2018-0060

Mots clés
Reform of the justice system, Supreme Court, National Council of the Judiciary, lay judges, retirement, term of office

© 2019 Mateusz Radajewski, published by Sciendo

This work is licensed under the Creative Commons Attribution-NonCommercial-NoDerivatives 3.0 License.

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

Publié en ligne: 07 oct. 2019

Pages: 276 - 293

DOI: https://doi.org/10.2478/iclr-2018-0060

Mots clésReform of the justice system, Supreme Court, National Council of the Judiciary, lay judges, retirement, term of office

© 2019 Mateusz Radajewski, published by Sciendo

This work is licensed under the Creative Commons Attribution-NonCommercial-NoDerivatives 3.0 License.

Mots clés
Reform of the justice system, Supreme Court, National Council of the Judiciary, lay judges, retirement, term of office