Supervision by the courts and the Minister of Justice over disciplinary proceedings against legal advisers Cover Image

Nadzór sądów i Ministra Sprawiedliwości nad postępowaniem dyscyplinarnym wobec radców prawnych
Supervision by the courts and the Minister of Justice over disciplinary proceedings against legal advisers

Author(s): Tomasz Niedziński
Subject(s): Constitutional Law
Published by: Krajowa Izba Radców Prawnych
Keywords: disciplinary proceedings; legal adviser; supervision; general jurisdiction courts; Minister of Justice

Summary/Abstract: This paper’s aims are to analyze and evaluate the supervision model of general jurisdiction courts and the Minister of Justice over disciplinary proceedings against legal advisers. The article arose out of the author’s keen interest in the particular nature of disciplinary proceedings as extrajudicial proceedings conducted by the bodies of professional self-government of legal advisers. At the crux of this paper lies its portrayal of the complexity of the supervision method applied by general jurisdiction courts and the Minister of Justice over disciplinary proceedings against legal advisers. The author endeavors to emphasize the autonomous character of disciplinary proceedings for legal advisers as practitioners of a profession of public trust, who have been guaranteed the opportunity to form professional self-governments by the Polish Constitution. Furthermore, the author intends to acquaint readers with the vast body of judicial decisions handed down by the Supreme Court and the Constitutional Tribunal that concern the issue and scope of the supervision of general jurisdiction courts and the Minister of Justice over disciplinary proceedings against legal advisers.

  • Issue Year: 2015
  • Issue No: 2
  • Page Range: 84-96
  • Page Count: 13
  • Language: Polish