Status sędziów powołanych z naruszeniem prawa po 6 marca 2018 r. oraz wydanych przez nich orzeczeń
The Status of the Judges Appointed in Violation of the Law After 6 March 2018 and of Their Rulings
Author(s): Janusz RoszkiewiczSubject(s): Politics / Political Sciences, Law, Constitution, Jurisprudence
Published by: Kancelaria Sejmu
Keywords: status of a judge; so-called neo-judges; non-existent rulings; invalidity of court proceedings; so-called test of a judge’s independence
Summary/Abstract: The status of the so-called neo-judges – i.e. persons appointed to judicial offices upon the recommendation of the defectively constituted National Council of the Judiciary – is an extremely complex issue that has not yet received any comprehensive academic commentary. This article attempts to answer the questions of whether the aforementioned persons may be recognised as judges and whether the rulings issued by them should be regarded as invalid or even non-existent. The said subject-matter is analysed from the perspective of the Constitution of the Republic of Poland, the European Convention on Human Rights, and the Charter of Fundamental Rights of the European Union.
Journal: Przegląd Sejmowy
- Issue Year: 2025
- Issue No: 191
- Page Range: 63-98
- Page Count: 36
- Language: English, Polish
