Directives of the jurisdiction system — origin, basic assumptions and their role for common judicature in the first years of People’s Poland Cover Image

Wytyczne wymiaru sprawiedliwości — geneza, podstawowe założenia i ich znaczenie dla sądownictwa powszechnego w pierwszych latach Polski Ludowej
Directives of the jurisdiction system — origin, basic assumptions and their role for common judicature in the first years of People’s Poland

Author(s): Agnieszka Watoła
Subject(s): Law, Constitution, Jurisprudence
Published by: Wydawnictwo Uniwersytetu Śląskiego

Summary/Abstract: The directives of the jurisdiction system- introduced to the Polish legal order in 1949 — were one of the examples of accepting particular Soviet patterns in the period of People’s Poland. The amendment of the law on the system of common courts gave the Highest Court the right to issue a binding interpretation of the contents of the norms of the criminal and civil law, which went beyond the so far established scope of right given to the Highest Court. The introduction of the directives was to serve above all the adjustment of the prewar norms of law which the new lawmaker did not reject, as well as shaping the appropriate adjudication .policy of courts. Particularly doubtful was later on the second objective of directives. Starting from mid 1950s a further sense of keeping higher institutions did not go beyond doubt. The main argument in favour of its elimination lied in the contradiction of giving directives with the principle of judge independence. Despite numerous comments, the Highest Court .had a right to issue directives until 1989.

  • Issue Year: 11/2010
  • Issue No: 3
  • Page Range: 127-135
  • Page Count: 9
  • Language: Polish