Dismissal of a Judge from Delegation in Light of the Provisions of the Constitution of the Republic of Poland
Dismissal of a Judge from Delegation in Light of the Provisions of the Constitution of the Republic of Poland

Summary/Abstract: This article addresses the matter of constitutionality of the provisions related to dismissal of a judge from delegation to another court. The paper first discusses the scope of a judge's power connected with his or her appointment to adjudicate in a particular court. The stability of this power is guaranteed by the provisions of the Constitution of the Republic of Poland, indicating, i.a., the non-transferability of a judge. Next, it is clarified that delegation of a judge to rule in another court constitutes an extension of the judge's power. However, this expanded scope is not protected by the Constitution of the Republic of Poland since a judge can be dismissed from delegation at any time by the Minister of Justice. Finally, the article presents the view that a court staffed by judges whose stability of judicial power is not guaranteed does not meet the requirement of an autonomous, impartial and independent court, as stipulated in Article 45 (1) of the Polish Constitution.

• Details
• Contents