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Reforma studiów prawniczych 1949–1950 w Polsce. Zarys problematyki

100%
Watoła A.
Miscellanea Historico-Iuridica
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2015
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vol. 14
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issue 2
339-352
EN
In the first decade of the Polish People’s Republic the authorities undertook a number of actions that were aimed at changing the previous nature of the judiciary, which was planned to be transformed into one of the tools for exercising power. The transformation process covered not only the judges of that time who performed their duties as members of the administration of justice of the Polish People’s Republic. The authorities also undertook actions aimed at shaping future judges according to new political-ideological requirements. Changes planned in the process of educating future lawyers were supposed to serve this purpose. The reform of academic law studies developed by new authorities was supposed to break with the traditional way of educating lawyers. Rejection of subjects regarded as useless, with historical-legal studies at the top of the list, was to be accom- panied by the introduction of political-ideological subjects. The reform of law studies was also supposed to cover the very organisation of course studies. At the same time, the authorities created the so-called law high schools where, among others, future judges were supposed to be educated. Substantial curriculum was limi- ted as much as possible in favour of the political-ideological training of judges of the people’s administration of justice.
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Postępowanie doraźne a problem niezawisłości sędziów i niezależności sądów

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Watoła A.
Z Dziejów Prawa
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2012
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vol. 5(13)
265-275
EN
Many changes in pre-war regulations allowing the communists to use them under new socio-political circumstances were made in the first years of the People’s Republic of Poland. A decree from March 19 1928 was replaced with a decree from November 16 1945 on a sum- mary proceeding (Dz.U. nr 53, poz. 301). The “defectiveness” of the realization of the aims of the criminal politics of a summary judiciary caused a situation in which the ministry of justice considered releasing circulars reminding the courts of the aims underpinning an introduction of the summary procedure as appropriate as early as before the amendment of the decree proceed- ing from 1946. Top-down, the attempts were made to influence judge verdicts who were to be theoretically limited by only the regulations of the act. The amendment of the decree of a sum- mary proceeding from 1949, the chance to appeal to sentences made by a prosecutor was elimi- nated. After a breakthrough in October 1956, the ministry committee investigating the reflexes of legal violation in the Stalin period, evaluated one-instance of the summary procedure as being “far from the ideal of legality”. The regulations of the decree from November 16 1945 on sum- mary proceedings with later changes did not influence the obedience to the principle of court and judge independence in the People’s Republic of Poland. A negative influence brought a practical application of the decree on summary proceedings or, rather, yet another example of avoiding its resolutions by the communist authorities. A common summary judiciary managed not to be involved into the mechanism of infringement. The very procedure, however, was to be fully used in front of the military courts where the court and judge independence were just empty slogans.
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Problem niezawisłości w świetle kadr Sądu Najwyższego i Najwyższego Sądu Wojskowego w początkach Polski Ludowej

100%
Watoła A.
Z Dziejów Prawa
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2011
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vol. 4(12)
235-248
EN
The process of the choice of the right staff by new authorities also covered the judiciary. In the case of the Supreme Court the authorities faced the necessity to employ the prewar judges at the beginning of its existence. During preparations to complete the judicial staff, the method and conditions of nominations to the position of a judge of the Supreme Court changed (one of the conditions of being employed as a judge of the Supreme Court was the acceptance of politi- cal changes in the country). A decree from 14 March 1945 on the change of law concerning the system of the court of general jurisdiction abolished the already existing ban on judges’ affili- ation with political parties. Aiming at dividing the judicial environment of the Supreme Court, a campaign aiming at embarrassing some of the judges was conducted, which ended with retire- ment or self-criticism. Staff problems the communist authorities struggled with gathering the composition of the Supreme Court did not appear at the level of the Supreme Military Court. Any vacancies in personal staffing of the bodies of the military judiciary were completed by means of motivating people having proper qualifications. At the beginning of the existence of the Supreme Military Court a fundamental part of a personal staffing of the court was constituted by Soviet officers. They were the judges fully aware of the role the body played under new political circumstances. The proper staffing of the Supreme Military Court allowed for meeting the party’s expectations towards the military judiciary.
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