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Review article

https://doi.org/10.3935/zpfz.73.6.02

The Questionable Independence of Polish Assessors and Its Effects on the European Legal Order

Marcin Dorochowicz ; Nicolaus Copernicus University, Torun, Poland
Bożena Gronowska ; Nicolaus Copernicus University, Torun, Poland
Piotr Sadowski ; Nicolaus Copernicus University, Torun, Poland


Full text: english pdf 344 Kb

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Abstract

This article critically analyses the Polish institution of assessor (junior judge) and the impact of hampering this institution’s independence on decisions of other European courts. Using the dogmatic-legal method, the authors conclude that procedures of nominating assessors and ending their periods of service do not respect the right to a fair trial guaranteed in the European Convention on Human Rights, and in EU law. Assessors adjudicate mainly in a one-person bench. Thus, although under EU law states should only exceptionally verify if decisions made by other states respect fundamental rights, such verifications may become routine.

Keywords

right to a fair trial; assessor (junior judge); independence and impartiality of judges; EU fundamental rights

Hrčak ID:

315200

URI

https://hrcak.srce.hr/315200

Publication date:

13.3.2024.

Article data in other languages: croatian

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