Sądowa sprawiedliwość proceduralna w prawie Europejskim
Judicial procedural justice in European law

Summary/Abstract: The analysis presented in the article argues that procedural justice in EU law should be perceived as intricately linked to a court which in turn must be seen through the institutional and procedural prism. This determines the court’s position in the system of legal protection, qualities and duties of judges. The latter puts emphasis on procedure which is understood as a unique combination of procedural features and principles. There is no universally good procedure, just as there are no universal components of a court. This is context – and system – sensitive. It is important to bear in mind that today we deal with a fundamental shift from independence and impartiality as classic attributes of judicial office to second and third generation duties that make up and differentiate judges from other officers and administrative adjudicators leading up to novel „right to a good judge”.Being „good” goes beyond independence/impartiality and encompasses new judicial qualities. Finally, procedural justice in EU law should be seen as a function of dynamism and ever-changing nature of EU law itself. We should concern ourselves not only with the boat(„judge” and “procedure”) but first and foremost with the journey itself that is “procedural justice in action”.

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