Mechanisms for appointing and dismissing court presidents in Poland - the ministerial model of judicial administration

The article analyzes the role of court presidents in the Polish legal system, highlighting their dual function as both judges and administrative authorities responsible for court management. It raises concerns about the impact of the ministerial model, where the Minister of Justice has significant discretion in appointing and dismissing court presidents, potentially compromising judicial independence. The analysis suggests that the limited role of judicial self-government in these processes weakens the position of judges and calls for legislative changes to enhance judicial independence. Strengthening the role of the National Council of the Judiciary and introducing stricter criteria for dismissals are recommended to safeguard the rule of law.

Authors

Publication Details

Journal
Acta Iuridica Resoviensia
Published
2024-12-25
DOI
https://doi.org/10.15584/actaires.2024.4.2
Primary Topic
European and International Law Studies
Type
article
Field-Weighted Citation Impact
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article

Mechanisms for appointing and dismissing court presidents in Poland - the ministerial model of judicial administration

Krzysztof Chmielarz
Acta Iuridica Resoviensia
European and International Law Studies
article

Mechanisms for appointing and dismissing court presidents in Poland - the ministerial model of judicial administration

Krzysztof Chmielarz
article en

Abstract

The article analyzes the role of court presidents in the Polish legal system, highlighting their dual function as both judges and administrative authorities responsible for court management. It raises concerns about the impact of the ministerial model, where the Minister of Justice has significant discretion in appointing and dismissing court presidents, potentially compromising judicial independence. The analysis suggests that the limited role of judicial self-government in these processes weakens the position of judges and calls for legislative changes to enhance judicial independence. Strengthening the role of the National Council of the Judiciary and introducing stricter criteria for dismissals are recommended to safeguard the rule of law.

Acta Iuridica ResoviensiaVol. 47(129)
Openalex Percentile: Top 53%
European and International Law Studies
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Mechanisms for appointing and dismissing court presidents in Poland - the ministerial model of judicial administration — Krzysztof Chmielarz · Acta Iuridica Resoviensia (2024) | TGRS Research Map | TGRS