Niezależne samorządy i niezależność w samorządach – refleksje na temat zachowania idei niezależności w funkcjonowaniu samorządów zawodowych zrzeszających przedstawicieli prawniczych zawodów zaufania publicznego w Polsce
Independent professional self-governments and independence within self-governments – reflections on safeguarding the idea of independence in the functioning of legal professional associations of public trust in Poland

Summary/Abstract: The article addresses the challenges to the independence of legal professional associations and the implications for their members. Legal professional self-governments in Poland are entrusted with the performance of certain public administration tasks, including the exercise of public authority and discretionary powers. If misapplied, these powers may constrain the ability of individual members to fulfil the professional missions for which they were appointed. The independence of members of these self-governments serves as a fundamental guarantee for the proper functioning of public trust professions, including legal professions. Delegating certain powers to the governing bodies of these associations reflects both the decentralization of public authority and the state’s trust in these professions – hence their designation as professions of public trust. However, the exercise of discretionary powers – particularly in the sphere of regulatory and disciplinary functions – may give rise to concern. This article analyzes selected discretionary competencies of various legal professional associations that may threaten the independence of their members. Ultimately, it highlights the risk that the improper performance of public functions by these associations could lead to the restriction – or even the revocation –of their institutional independence by the state.

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