The Legal Character of Polish Disciplinary Proceedings for Advocates and Legal Advisers in Light of the Case Law of the Polish Constitutional Tribunal and the European Court of Human Rights

The article presents an analysis of the case law of the Polish Constitutional Court and the European Court of Human Rights regarding the nature of disciplinary proceedings for advocates and legal advisers in Poland. The analysis is based on a comparison of the standards outlined in the case law of both courts, demonstrating that disciplinary proceedings in legal professions in Poland have a repressive character, even though they are not formally criminal proceedings.

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Publication Details

Journal
Review of European and Comparative Law
Published
2025-06-27
DOI
https://doi.org/10.31743/recl.18464
Primary Topic
Polish Law and Legal System
Type
article
Field-Weighted Citation Impact
0.00
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article

The Legal Character of Polish Disciplinary Proceedings for Advocates and Legal Advisers in Light of the Case Law of the Polish Constitutional Tribunal and the European Court of Human Rights

T. M. Markiewicz
Review of European and Comparative Law
Polish Law and Legal System
article

The Legal Character of Polish Disciplinary Proceedings for Advocates and Legal Advisers in Light of the Case Law of the Polish Constitutional Tribunal and the European Court of Human Rights

T. M. Markiewicz
article en

Abstract

The article presents an analysis of the case law of the Polish Constitutional Court and the European Court of Human Rights regarding the nature of disciplinary proceedings for advocates and legal advisers in Poland. The analysis is based on a comparison of the standards outlined in the case law of both courts, demonstrating that disciplinary proceedings in legal professions in Poland have a repressive character, even though they are not formally criminal proceedings.

Review of European and Comparative LawVol. 61(2)
John Paul II Catholic University of Lublin (PL)
Openalex Percentile: Top 82%
Polish Law and Legal System
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