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Lotta Maunsbach

Senior lecturer

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Procedural Aspects on Impartial and Independent Judging - How Can a Court Decide Whether Another Court and its Judges are Impartial and Independent?

Author

  • Lotta Maunsbach

Summary, in English

Poland and polish courts have been the subject of much attention during recent years, because of alleged problems in relation to the organisation of justice in Poland. It has been claimed that new suggested legislation in Poland, and changes in the system for appointing judges, prevents courts in Poland from adjudicating justice in a fair and independent manner in accordance with the Rule of Law. As a matter of fact, the situation is so serious that both the European Court of Human Rights and the Court of Justice of the European Union have ruled that the new polish legislation is contrary to the European Convention of Human Rights and EU-Law.
In this paper the ambition is to shed light on the current situation with a specific aim to explain and analyse the problems from a procedural law perspective. Why, to put it differently, is the polish court system not considered to be in accordance with the Rule of Law?
The paper begins with a review of the criteria that must be met for a decision making body to be classified as a tribunal according to Article 6 (1) of the European Convention on Human Rights and Article 47 of the Charter of Fundamental Rights of the European Union, followed by an analysis of the concept independent and impartial tribunals, with a certain focus on the situation in Poland. The paper ends with some concluding comments.

Department/s

  • Department of Law
  • Dispute resolution

Publishing year

2022-10-01

Language

English

Publication/Series

Giornale di Storia Costituzionale

Volume

2/2022

Issue

44

Document type

Journal article

Publisher

Edizioni Universita Macerata

Topic

  • Law

Keywords

  • Processrätt
  • Rättsstatsprincipen
  • Civil and criminal procedure
  • Rule of law

Status

Published

Project

  • Att bedöma andra domares oavhängighet. Historiska fundament och praktiska tillvägagångssätt vid mötandet av hoten mot rättsstaten i Europa

Research group

  • Dispute resolution

ISBN/ISSN/Other

  • ISSN: 1593-0793