Opinia prawna na temat dopuszczalności pełnienia przez posła lub senatora funkcji ławnika

• Authors: Piotr Czarny

Title variants

EN

Legal opinion on the admissibility of holding of the position of lay judge by a Deputy or Senator

Abstracts

EN

In Polish legislation there is no express prohibition that prevent a Deputy to the Sejm or Senator from holding the position of lay judge in a common court. You cannot say that the constitutional ban on the simultaneous exercise of a parliamentary mandate and performance of judicial functions, as well as the principle of separation of the judicial power automatically mean a prohibition of performance of the function of lay judge by an MP. However, according to the author, it can hardly be accepted as fully compatible with the principle of separation of powers the situation in which an MP is also a lay judge, due to the principle of separation of the judiciary. In the author’s opinion, to gain complete clarity of the situation, explicit prohibition of holding the position of lay judge in a general court by a Deputy or Senator should be contained in the Act – Law on Common Courts.

Keywords

EN

lay judges; mandate; Member of Parliament; general court; judiciary

• Publisher: Kancelaria Sejmu / Chancellery of the Sejm
• Journal: Zeszyty Prawnicze BAS
• Year: 2015
• Issue: 4(48)
• Pages: 199-205

Dates

published

2015

Contributors

author

Piotr Czarny

• Uniwersytet Jagielloński

Identifiers

Biblioteka Nauki

6582804