Glosa do postanowienia Sądu Najwyższego
z dnia 30 września 2015 r., I KZP 9/15
Gloss on the Ruling of the Supreme Court of Poland
of 30 September 2015, I KZP 9/15
Author(s): Sławomir ŻółtekSubject(s): Constitutional Law
Published by: Wydawnictwa Uniwersytetu Warszawskiego
Keywords: the District Court; jury panel
Summary/Abstract: Author approves in the commentary to the judgment the position taken by the Supreme Court of Poland in the decision of 30 September 2015, I KZP 9/15. The Supreme Court considered the problem of composition of the District Court – Labour and Social Security Court adjudicating on an appeal against the judgment of the National Disciplinary Court of the National Chamber of Auditors. As argued in the commentary, the District Court does not instigate disciplinary proceedings from the beginning but continues it as an appellate body. The main disciplinary proceedings are held before the National Disciplinary Court of the National Chamber of Auditors. The District Court although acts as a court of first instance with an appeal to the Court of Appeals, has limited powers only to verification of the National Disciplinary Court’s judgment. Thus, the District Court sits in a three-judges panel (art. 29 § 1 k.p.k.).
Journal: Studia Iuridica
- Issue Year: 2017
- Issue No: 69
- Page Range: 9-20
- Page Count: 12
- Language: Polish