Dismissal of a Judge from Delegation in Light of the Provisions of the Constitution of the Republic of Poland

This article addresses the matter of constitutionality of the provisions related to dismissal of a judge from delegation to another court. The paper first discusses the scope of a judge’s power connected with his or her appointment to adjudicate in a particular court. The stability of this power is guaranteed by the provisions of the Constitution of the Republic of Poland, indicating, i.a., the non-transferability of a judge. Next, it is clarified that delegation of a judge to rule in another court constitutes an extension of the judge’s power. However, this expanded scope is not protected by the Constitution of the Republic of Poland since a judge can be dismissed from delegation at any time by the Minister of Justice. Finally, the article presents the view that a court staffed by judges whose stability of judicial power is not guaranteed does not meet the requirement of an autonomous, impartial and independent court, as stipulated in Article 45 (1) of the Polish Constitution.

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Publication Details

Journal
Studia Iuridica Lublinensia
Published
2026-01-07
DOI
https://doi.org/10.17951/sil.2025.34.5.253-268
Primary Topic
Polish Law and Legal System
Type
article
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article

Dismissal of a Judge from Delegation in Light of the Provisions of the Constitution of the Republic of Poland

Karol Skrodzki
Studia Iuridica Lublinensia
Polish Law and Legal System
article

Dismissal of a Judge from Delegation in Light of the Provisions of the Constitution of the Republic of Poland

Karol Skrodzki
article en

Abstract

This article addresses the matter of constitutionality of the provisions related to dismissal of a judge from delegation to another court. The paper first discusses the scope of a judge’s power connected with his or her appointment to adjudicate in a particular court. The stability of this power is guaranteed by the provisions of the Constitution of the Republic of Poland, indicating, i.a., the non-transferability of a judge. Next, it is clarified that delegation of a judge to rule in another court constitutes an extension of the judge’s power. However, this expanded scope is not protected by the Constitution of the Republic of Poland since a judge can be dismissed from delegation at any time by the Minister of Justice. Finally, the article presents the view that a court staffed by judges whose stability of judicial power is not guaranteed does not meet the requirement of an autonomous, impartial and independent court, as stipulated in Article 45 (1) of the Polish Constitution.

Studia Iuridica LublinensiaVol. 34(5)
University of Białystok (PL)
Peace, Justice and strong institutions
Openalex Percentile: Top 97%
Polish Law and Legal System
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Dismissal of a Judge from Delegation in Light of the Provisions of the Constitution of the Republic of Poland — Karol Skrodzki · Studia Iuridica Lublinensia (2026) | TGRS Research Map | TGRS