CZŁONEK CZY SĘDZIA TRYBUNAŁU STANU? UWAGI NA TEMAT STATUSU PRAWNEGO OSÓB ZASIADAJĄCYCH W TRYBUNALE STANU
A MEMBER OR JUDGE OF THE STATE TRIBUNAL? COMMENTS ON THE LEGAL STATUS OF PERSONS SITTING ON THE STATE TRIBUNAL

Summary/Abstract: The article analyses the legal status of persons sitting on the State Tribunal in order to determine the legal nature of the function of a member of the State Tribunal. The State Tribunal in Poland is basically a dead institution and it is reasonable to examine the reasons for this phenomenon. In connection with this, research was conducted on how to create the personal composition of this body, and on the independence of its members and their apoliticality. It turns out that the legal formula on which the State Tribunal bases its existence in Poland is seriously flawed. Members of the State Tribunal were not assured all guarantees of judicial independence. Consequently, those sitting on the State Tribunal – with the exception of the chairman of this body – are not judges and should be identified as members of the State Tribunal. The work also formulates de lege ferenda comments.

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