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  1. 1 Zeszyty Prawnicze BAS

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  1. 1 Czarny P.

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

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Czarny P.
Zeszyty Prawnicze BAS
|
2015
|
issue 4(48)
199-205
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.
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