Niezależność jako istota prawa do sądu? Glosa do wyroku Sądu Najwyższego z 5 grudnia 2019 r., III PO 7/18
Judicial Independence as the Essence of the Right to a Fair Trial? Commentary on the Judgment of the Supreme Court of 5 December 2019, Case No. III PO 7/18

Summary/Abstract: The commented judgment of the Supreme Court concerns the judicial independence and the rule of law in the times of constitutional crisis. For the first time in the Polish history the Supreme Court ruled that one of the chambers of the Supreme Court, as well as the National Council of the Judiciary, did not give an appearance of judicial independence. The Supreme Court followed the test of the appearance of judicial independence that had been provided by the Court of Justice of the European Union. The Supreme Court also claimed that the judicial independence is the essence of the right to a fair trial. In constitutional terms, it means that independence cannot be lawfully limited, even in a proportional way. The commentary discusses that claim under two different theoretical concepts of the essence of a constitutional right (objective and abstract versus individual and relative).

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