Evolution of the models of disciplinary procedures in the light of conventional and constitutional standards of the right to court Cover Image

Ewolucja wybranych procedur dyscyplinarnych w świetle konwencyjnego i konstytucyjnego standardu prawa do sądu
Evolution of the models of disciplinary procedures in the light of conventional and constitutional standards of the right to court

Author(s): Cezary Kulesza
Subject(s): History of Law, International Law, Human Rights and Humanitarian Law
Published by: Temida 2
Keywords: models; disciplinary proceedings; judicial control; Supreme Court; ECHR;

Summary/Abstract: The article focuses on the evolution of one of the most vital elements of disciplinary proceedings, that being court control over disciplinary decisions. Regarding this issue the article discusses the jurisprudence of the European Court of Human Rights and the Polish Constitutional Tribunal. Presented historical and functional analysis of model disciplinary proceedings across many different professions, leads to distinction in the basic restrictions of the right to court and their character in disciplinary proceedings. With reference to appealing against the decisions of disciplinary bodies, the article makes it noticeable that the lines between civil and penal procedures are blurred. Finally, the article addresses the influence amendments being made in Polish penal procedure and the Acton Prosecution in the years 2015-2016, are having on the application of disciplinary proceedings.

  • Issue Year: 1/2017
  • Issue No: 22
  • Page Range: 11-22
  • Page Count: 12
  • Language: Polish