Impeccable character as a legal prerequisite in the context of judges, attorneys-at-law and legal counsels - a constitutional analysis Cover Image

Przesłanka nieskazitelności charakteru na przykładzie zawodów adwokata, radcy prawnego i sędziego - analiza konstytucyjnoprawna
Impeccable character as a legal prerequisite in the context of judges, attorneys-at-law and legal counsels - a constitutional analysis

Author(s): Piotr Czeczot
Subject(s): History of Law, Constitutional Law, Philosophy of Law
Published by: Wydawnictwo Uniwersytetu Warmińsko-Mazurskiego w Olsztynie
Keywords: impeccable character; judiciary; attorney-at-law; legal counsel; public trust professions; constitutional standard; right to a fair trial;

Summary/Abstract: Impeccable character is a key requirement for candidates and individuals performing professions of public trust, such as public prosecutor, judge, attorney-at-law (adwokat), and legal counsel (radca prawny). The aim of this paper is to examine the constitutional basis for this prerequisite, specifically focusing on the professions of judge, attorney-at-law and legal counsel. The analysis of statutory regulations and deontological codes is confronted with the constitutional standard. The article verifies the hypothesis that impeccable character, despite not being explicitly mentioned in the Polish Constitution of 1997, constitutes a natural consequence of the constitutional regulation concerning the status of the judge and the right to a court. The research is based on the dogmatic method, including the analysis of legal provisions and judicial decisions, with supplementary use of the comparative method.

  • Issue Year: 2025
  • Issue No: 4
  • Page Range: 47-61
  • Page Count: 15
  • Language: Polish
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