The influence of judicial administration bodies on disciplinary proceedings in the administrative judiciary Cover Image

Wpływ organów administracji wymiaru sprawiedliwości na postępowanie dyscyplinarne w sądownictwie administracyjnym
The influence of judicial administration bodies on disciplinary proceedings in the administrative judiciary

Author(s): Andrzej Skoczylas
Subject(s): Constitutional Law, Court case
Published by: Uniwersytet Adama Mickiewicza
Keywords: judges; disciplinary proceedings; disciplinary courts; Supreme Administrative Court; National Council of the Judiciary; administrative supervision of courts and judges;

Summary/Abstract: This paper concerns the main problems of the influence of judicial administration bodies on the disciplinary proceedings of judges of administrative courts. This issue is of key importance in terms of research on the administrative supervision over courts and judges. In this respect, the most important issue is the protection of judicial independence. The article discusses the problem of the influence of the President of the Supreme Administrative Court, presidents of courts of first instance, and the National Council of the Judiciary on the disciplinary proceedings of judges of administrative courts and assessors. Attention is paid to the pros and cons of applicable legal solutions. It should be emphasized that in the administrative courts the structure of the disciplinary judicial system is different from that of the judiciary subject to judicial review supervised by the Supreme Court. The Supreme Administrative Court is the disciplinary court in the disciplinary matters of judges of administrative courts and assessors. The article discusses the most important features of this solution, especially the advantages of the lack of significant influence of the Minister of Justice on these proceedings.

  • Issue Year: 82/2020
  • Issue No: 1
  • Page Range: 57-69
  • Page Count: 13
  • Language: Polish