Aksjologia postępowania dyscyplinarnego przeciwko sędziom i asesorom sądów powszechnych na tle niektórych regulacji działu II rozdział 3 ustawy z 27 lipca 2001 r. – prawo o sądach powszechnych
The axiology of disciplinary proceedings against judges and assistant judges of common courts against the background of selected regulations of Chapter 3, Section II of the Act of July 27, 2001 – the Law on Common Courts

Summary/Abstract: Amendments to the rules on disciplinary liability and disciplinary proceedings against judges and assistant judges [Polish: asesor sądowy] of common courts introduced in 2017, in conjunction with the recent practice of disciplinary proceedings against judges defending the rule of law, which has raised serious concerns, call for the analysis of the legal provisions regulating disciplinary proceedings against judges and assistant judges, in particular in the axiological sphere. This is because a necessity arises from this particular area to appropriately develop the provisions shaping the model of disciplinary responsibility and the structure of disciplinary proceedings, so that they ensure the achievement of the objectives of aforementioned responsibility. The author criticizes the formation of the composition of the disciplinary court adjudicating in cases of judges and assistant judges, including in particular the participation of lay judges in these proceedings. In the author’s opinion, this is contrary to the essence of disciplinary liability, which means that the perpetrator of a disciplinary tort is subject to the judgment of members of its own professional corporation, which results from the need to protect its self-government and autonomy.

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