On admissibility of withdrawing support for a judge — candidate to the National Council of the Judiciary Cover Image

W sprawie dopuszczalności odwołania poparcia dla sędziego kandydata do Krajowej Rady Sądownictwa
On admissibility of withdrawing support for a judge — candidate to the National Council of the Judiciary

Author(s): Adam Karczmarek
Subject(s): Law, Constitution, Jurisprudence, Constitutional Law
Published by: Kancelaria Sejmu
Keywords: Constitution; National Council of the Judiciary; judiciary; judge; administration of justice

Summary/Abstract: The opinion refers to the legal effects of withdrawing support for a judge — candidate nominated tothe National Council of the Judiciary, granted by a group of at least 25 judges or a group of at least 2,000 citizens. The author points out that the provisions of the act on the National Council of theJudiciary do not comprise provisions enabling the with drawal of support for the candidature formally submitted to the Marshal of the Sejm, in accordance with the established procedure. The author is of the opinion that the issue of legal relevance of the withdrawal of support for a specific initiativein the scope of systemic law shall result from provisions and may not be assumed. The position presented herein is founded on language, systemic and teleological interpretation.

  • Issue Year: 2018
  • Issue No: 2
  • Page Range: 140-145
  • Page Count: 6
  • Language: Polish