AKTYWNA ROLA SĘDZIEGO GWARANCJĄ PRAWA DO RZETELNEGO PROCESU (KARNEGO)
ACTIVE ROLE OF THE JUDGE GUARANTEES THE RIGHT TO A FAIR (CRIMINAL) TRIAL

Summary/Abstract: The Author of the article present his own point of view on the systemic issues related to the right to a fair criminal trial, and more broadly to court proceedings in general. This law is based on a numer of procedural guarantees which, both codifided and uncoded, must be realistically respected by a court in a democratic state ruled by law. However, it often happens that a judge applying the law, faced with unconstitutional legislative changes, faces a difficult dilemma as to how to proceed when making a procedural decision in a specific individual case, when the application of a specific provision of the act is contrary to the Constitution, the Law of the European Union and the axiology of the entire legal system. A ruling in a such diff cult circumstances is possible only in the case of positively understood judicial activism, without which it would be difficult to consider the administration of justice as independent and impartial, and the trial as fair. However, this attitiude can be considered a political manifesto and an attempt to act contra legem. Is it really so?

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