Keywords
Lay Judge
juror
social factor
democracy
Categories
How to Cite
Abstract
The author discusses the provisions limiting the participation of lay judges in adjudicating in civil cases introduced in 2021, indicates the effects of this regulation on adjudication and the reaction of legal circles to the introduction of this regulation - with emphasis on the violation of democracy as a result of these changes. The author also indicates how the legislation - since Poland regained independence - regulated the issue of the participation of the so-called social factor in adjudication.
References
Constitution of March 17, 1921 (Journal of Laws 1921.44.267 and Journal of
Laws 1921.52.334)
Constitutional Act of April 23, 1935 (Journal of Laws 1935.30.227)
Constitution of the Republic of Poland of 22 July 1952 (Journal of Laws
7.36 )
Constitution of the Republic of Poland of April 2, 1997. (Journal of Laws
78.483)
Ordinance of the President of the Republic of Poland of February 6, 1928 on
the system of common courts (Journal of Laws 1928.12.93)
Regulation of the President of the Republic of Poland of 22 March 1928 on
labor courts (Journal of Laws 1928.37.350)
Act of April 9, 1938 on the abolition of the institution of juries and justices of
the peace of April 9, 1938. (Journal of Laws 1938.24.213 ), 1944 of the Polish
Committee of National Liberation on the introduction of jury courts (Journal of
Laws 1944. 2. 7)
Act of 2 December 1960 on people's lay judges in common courts (Journal of
Laws 1960.54.309)
Act of April 23, 1964. Civil Code (Journal of Laws 2020.1360)
Act of November 17, 1964 Code of Civil Procedure (Journal of Laws
1805)
Act of June 20, 1985 Law on the system of common courts (Journal of Laws
31.137)
Act of 1 March 1996 amending the Code of Civil Procedure, Regulations of the
President of the Republic of Poland - Bankruptcy Law and Composition
Proceedings Law, the Code of Administrative Procedure, the Act on Court
Costs in Civil Matters and some other acts. (Journal of Laws 1996.43.189)
Act of June 6, 1997 Code of Criminal Procedure (Journal of Laws 2022.1375)
Act of 27 July 2001 Law on the system of common courts (Journal of Laws
2072)
Act of 1 July 2005 amending the Act - Law on the Common Courts
Organization and certain other acts (Journal of Laws 2005.169)
Act of 15 March 2007 amending the Act - Code of Civil Procedure, Act - Code
of Criminal Procedure and amending certain other acts Journal of Laws
112.766
Act of November 6, 2008 amending the Act - Family and Guardianship Code
and some other acts (Journal of Laws 2008.220.1431)
Act of 12 July 2017 amending the Act on the Common Courts Organization and
certain other acts (Journal of Laws 2017. 1452)
Act of 4 July 2019 amending the Act - Code of Civil Procedure and certain
other acts (Journal of Laws 2019.146)
Act of March 2, 2020 on special solutions related to the prevention,
counteraction and combating of COVID-19, other infectious diseases and crisis
situations caused by them (Journal of Laws 2020.2095)
Act of 28 May 2021 amending the Act - Code of Civil Procedure and certain
other acts (Journal of Laws 2021.1090)
Judgment of the Constitutional Tribunal of of 29 November 2005 P 16/04
Judgment of the Constitutional Tribunal of 24 October 2007, SK 7/06
Decision of the Constitutional Tribunal of May 25, 2017, Ts 73/17
Judgment of the Constitutional Tribunal of November 24, 2021, ref. no. no. K
/21
Judgment of the Constitutional Tribunal of March 10, 2022, ref. no. no. K 7/21
Convention for the Protection of Human Rights and Fundamental Freedoms of
July 1993 (Journal of Laws 1993.61.284)
Judgment of the CJEU of 25 July 2018, C 216/18 (Journal of Laws
UE.C.2018/328/22
B. Banaszak(2009) , Commentary on art. 182 of the Constitution
Safjan and Bosek (2016), Article 182 of the Constitution of the Republic of
Poland, ed. 1 Wiliński and Karlik
A. Górski (2018), Law on the system of common courts. Comment, Warszawa
J Gudowski (ed.), Commentary on the Act - Law on the System of Common
Courts, Law on the System of Common Courts. Act on the National Council of
the Judiciary. Commentary, ed. II ,
M. Haczkowska (2014), Constitution of the Republic of Poland. Comment,
Legalis
K. Knoppek (2014), Participation of citizens in the administration of justice in
civil proceedings Ius Novum 2014, No. 5
M. Korpalski (2021) Three is more than one - on removing collegiality in civil
proceedings, Rzeczpospolita May 4, 2021
A. Kwaśniak (2022), Practical implications of the principle of citizen
participation in the administration of justice, resulting from Art. 182 of the
Constitution of the Republic of Poland, in the context of the latest regulations,
ILO 2022, No. 8
A. Murzynowski (1994), The essence and principles of the criminal process,
Warsaw
A. Olas (2021), Civil Procedure Law System, Non-contentious proceedings. T.
Ereciński(ed.), K. Lubiński, T. Ereciński , vol. IV, part 1, vol. 1, Warsaw 2021, p. 647).
K. Szmid (2020), art. 15zzs 1 KoronawirusU , ed. 1/ Legalis
P. Tuleja (2019), Constitution of the Republic of Poland . Commentary, ed. II. lex
E. Waśkowski (1932), System of civil process, Vilnius
T. Zembrzuski (2017), Invalidity of proceedings in a civil trial, WKP
The papers published in the ASEJ Journal (alternate title: Zeszyty Naukowe Wyższej Szkoły Finansów i Prawa w Bielsku-Białej) - published by the University of Applied Sciences in Bielsko-Biała, are online open access distributed (Creative Commons Attribution CC-BY-NC 4.0 license). The Publisher cannot be held liable for the graphic material supplied. The printed version is the original version of the issued Journal. Responsibility for the content rests with the authors and not upon the Scientific Journal or Bielsko-Biala School of Finance and Law.