Substance and grounds for initiating disciplinary proceedings against judges of common courts Cover Image

Istota i przesłanki wszczęcia postępowania dyscyplinarnego prowadzonego wobec sędziów sądów powszechnych
Substance and grounds for initiating disciplinary proceedings against judges of common courts

Judgement of Supreme Court of 24 April 2017 in Case SNO 12/17

Author(s): Marek Skwarcow
Subject(s): Law, Constitution, Jurisprudence
Published by: Wydawnictwo Uniwersytetu Gdańskiego

Summary/Abstract: The commented judgement of the Supreme Court adjudicating as a disciplinary court of the second instance in the disciplinary proceedings for judges of general courts deserves deeper analysis as it considers the essence and grounds of disciplinary proceedings conducted for this particular legal profession. The legal opinion expressed in the judgement deserves approval as it is rightly stated that the opening and conducting of such a proceedings, which by its very nature can be perceived as repressive, should only concern delicts amounting to a manifest and grave infringement of legal provisions that can result in actual negative consequences for the parties to the proceedings and efficiency of course of the proceedings, rather than errors in the case of which it is more appropriate to notify a judge by the superior judge – the president of the court within the framework of so-called administrative supervision.

  • Issue Year: 4/2019
  • Issue No: 44
  • Page Range: 85-92
  • Page Count: 8
  • Language: Polish
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