Object's details: Instrumental Use of Judicial Power After the Judgment of the TSUE – Multidimensional Analysis of Legal Corruption

Provider:Platforma Otwartych Czasopism Naukowych UAM

Description

Title:
Instrumental Use of Judicial Power After the Judgment of the TSUE – Multidimensional Analysis of Legal Corruption
Creator:
Walczak, Waldemar
Description:
The article presents considerations and multifaceted analyses of the conditions and motives of judicial decisions taken after the judgment of the TSUE 19 November 2019, in the context of how Poland’s judiciary system functions. It begins by explaining how to perceive and understand the essence of legal corruption in terms of the use of law, power and professional position. The possibilities of the intentional use of judicial power for specific needs and purposes is discussed in this context. The next part of the paper is devoted to a critical analysis of selectively interpreted right to a tribunal enshrined in art. 45 of the Polish Constitution in connection with other values enshrined therein. The right of every citizen to a fair and public hearing of their case, without undue delay by a competent, independent, impartial and independent court, is presented in terms of the constitutional perspective, the principle of equal treatment and non-discrimination. The problem outlined here is considered from the point of view of protection against the arbitrariness of authorities and the possibility of appealing against personnel decisions enabling employment to be taken up in selected positions in state institutions. Attention is paid to the privileged legal position of judges over other citizens. The issues described and the arguments presented in this article are entirely overlooked in the literature, as well as in public debate. What follows is an explanation of how TSUE rulings are interpreted differently by various public authorities. Reference is also made to the dictum of the Supreme Court judgment of 5 December 2019, which was issued in its Labour Law and Social Security Chamber. That process initiated specific actions and activities taken by individual groups of Supreme Court judges. Finally, the resolution of the combined three chambers of the Supreme Court on 23 January 2020, the judgment of the Constitutional Tribunal of 20 April 2020, and divergent decisions regarding the implementation of the TSUE’s position of 8 April 2020 are discussed.
Object availability:
free access
Rights:
Prawa autorskie (c) 2020 Waldemar Walczak;
https://creativecommons.org/licenses/by-nc-nd/4.0
Date:
2020.06.15
Type:
info:eu-repo/semantics/article;
info:eu-repo/semantics/publishedVersion;
Artykuł naukow;
Artykuł naukowy
Language:
Polish
Source:
Studia Prawa Publicznego; No. 2 (30) (2020); 107-160;
Studia Prawa Publicznego; Nr 2 (30) (2020); 107-160;
2720-2445;
2300-3936
Format:
application/pdf
Publisher:
Adam Mickiewicz University Poznan
Relation: http://pressto.amu.edu.pl/index.php/spp/article/view/24452/22670
Subject:
judicial authority;
Polish Constitution;
legal corruption;
internal security;
social justice
Identifier: http://pressto.amu.edu.pl/index.php/spp/article/view/24452
Data provider:
Platforma Otwartych Czasopism Naukowych UAM

Similar objects

Instrumental Use of Judicial Power After the Judgment of the TSUE – Multidimensional Analysis of Legal Corruption

Creator:Walczak, Waldemar

Date:2020.06.15

Type:text

Ustawy w zakresie zapewniania bezpieczeństwa wewnętrznego (Internal Security Acts) w Indiach, Portugalii i Francji

Creator:Marczuk, Karina Paulina

Date:2016.11.16

Type:text

Corruption as a violation of constitutional values and citizens’ rights

Creator:Walczak, Waldemar

Date:2020.12.15

Type:other

Poland’s internal security as exemplified by the tasks and activities of the Internal Security Agency in the period 2007–2015

Creator:Rosicki, Remigiusz

Date:2016.03.15

Type:other

Does the Constitution of the Republic of Poland force the legislator to regulate the organisational structure and jurisdiction of common courts?

Creator:Banaszak, Bogusław

Date:2020.10.15

Type:text

The protection of internal security and constitutional order as exemplified by the tasks and activity of the Internal Security Agency – a critical analysis of de lege lata and de lege ferenda regulations

Creator:Rosicki, Remigiusz

Date:2014.01.01

Type:other

Security Priorities and their Perception by Local Communities. A Survey of Population in Wielkopolska 2015-2017

Creator:Nowiak, Wojciech

Date:2019.12.31

Type:text

GETTING CURSED OUT FOR SOCIAL JUSTICE: NOTES ON HANDLING VERBAL ASSAULTS WITH HUMANITY

Creator:SMITH, Darrick

Date:2020.02.25

Type:text

Federacja Bibliotek Cyfrowych

Object's details: Instrumental Use of Judicial Power After the Judgment of the TSUE – Multidimensional Analysis of Legal Corruption

Description

Similar objects