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
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
Publication date:
13.3.2024.
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