A Comparative Analysis of Institutions
Responsible for the Election of Judges
in France, Germany and Poland Cover Image

A Comparative Analysis of Institutions Responsible for the Election of Judges in France, Germany and Poland
A Comparative Analysis of Institutions Responsible for the Election of Judges in France, Germany and Poland

Author(s): Krzysztof Pasierbek
Subject(s): Law on Economics
Published by: Akademia Leona Koźmińskiego
Keywords: judiciary; Council of the Judiciary; election of judges

Summary/Abstract: The paper presents a comparative analysis of the institutions responsible for theelection, promotions and nominations of judges in France, Germany and Poland.At the very beginning – in the introduction – the genesis of institutions which areequivalents of the National Council of the Judiciary2 was presented, starting fromthe philosophical basis for the idea of the independence of courts and judges,through international regulations to the constitutions of individual states. Themain part was divided into 3 sections: a brief description of the judiciary, thecomposition of the institution responsible for the election of judges and the mannerof appointing its members, and the competence of the council and the manner ofappointing judges. Each of these issues was divided by the selected countries, thanksto which it will be possible to get a clear picture of how these institutions work inindividual countries. As a summary, conclusions about how the principle of judiciaryindependence is met in selected countries, and whether meeting this principledepends exclusively on legal framework.

  • Issue Year: 11/2019
  • Issue No: 3
  • Page Range: 152-170
  • Page Count: 19
  • Language: English