Czy decyzje procesowe prokuratora mogą ograniczać sąd w sprawowaniu wymiaru sprawiedliwości: perspektywa modelowa i zmiany ustawodawcze
Can the Prosecutor's Procedural Decisions Limit the Court in the Administration of Justice: A Model Perspective and Legislative Changes

Summary/Abstract: In continental criminal proceedings, where the preparatory proceedings fall within the prosecutor's remit, there is an evident space for the prosecutor's decisions to influence the rulings made by the court. Establishing the limits of the prosecutor's influence on the court's decisions requires reconstructing the semantic scope of the constitutional term "administration of justice." This term defines the area of the courts' exclusive, monopolized competence, within which — without violating the constitutional guarantee standard — the prosecutor cannot take actions interfering with the court's decisions. The constitutional limits on the courts' administration of justice make it possible to assess regulations that create the possibility for the prosecutor to make decisions binding on the court. The constitutional limit on the prosecutor's possible influence on the court's decisions is defined by the constitutional scope of decision-making competences originally reserved for the courts. In this respect, the existence of regulations allowing the prosecutor to bindingly influence the court's rulings should be assessed as a manifestation of a violation of the constitutional guarantees of the administration of justice by the courts. The study presents a concept for interpreting the constitutional term "administration of justice," together with an analysis of example situations in which the prosecutor's decisions may affect the scope of the court's decision-making competences in a manner that violates constitutional standards. Some of these may be regarded as limiting the court's decision-making competences by the prosecutor beyond the constitutional standard.

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