Between Flexibility and Efficiency of Law Application in View of the Principle of the Protection of the Good of the Child Cover Image

Between Flexibility and Efficiency of Law Application in View of the Principle of the Protection of the Good of the Child
Between Flexibility and Efficiency of Law Application in View of the Principle of the Protection of the Good of the Child

Author(s): Katarzyna Hanas
Subject(s): Civil Law, Family and social welfare, Sociology of Law
Published by: Wydawnictwo Naukowe Uniwersytetu Marii Curie-Sklodowskiej
Keywords: flexibility; efficiency; good of the child; application of law; rule of law;

Summary/Abstract: In the article, the author draws attention to the need to implement two values of applying the law when adjudicating in cases concerning children. These two values are flexibility and efficiency. Their simultaneous implementation is not excluded, because it is particularly important in the course of the law application process to make decisions in accordance with the principle of the protection of the good of the child and the implementation of the protective function. The research thesis is formulated in this direction. The research was conducted based on the case law that provides a broad picture of the trend in deciding in administrative, civil, criminal and other matters from the Polish perspective. The nature of this article is scientific and research. The point of view presented in the work aims to clearly emphasise the necessity for simultaneous implementation of flexibility and efficiency, which is unfortunately difficult to achieve in the Polish perspective.

  • Issue Year: 32/2023
  • Issue No: 4
  • Page Range: 33-46
  • Page Count: 14
  • Language: English