Search results - CEJSH

1

Sądownictwo w czasie pandemii koronawirusa

100%

Rennert K.

Ruch Prawniczy, Ekonomiczny i Socjologiczny

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2021

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vol. 83

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issue 3

7-19

EN

The judiciary during the COVID-19 pandemic

PL

Sądownictwo w czasie pandemii koronawirusa

2

Auto-da-fe in Lwów in 1728: The Jan Filipowicz Trial and Jewish Re-Conversion to Judaism in the Early Modern Poland

100%

Kaźmierczyk A.

Acta Poloniae Historica

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2017

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vol. 116

PL

This article discusses the question of neophytes’ return to Judaism, especially the case of Jan Filipowicz, who was condemned to death for this crime in 1728 in Lwów. The return of Jewish converts to their religion of origin was a relatively frequent occurrence in the Polish-Lithuanian Commonwealth, but those charged with this crime, especially Jews from Lwów accused of persuading the neophytes to return, were not usually treated as harshly as Filipowicz. The exceptionally harsh sentence given to the rabbis responsible for the return of Filipowicz to Judaism resulted from the judges’ belief in the existence of a ritual of dechristianization, a special blasphemy against Christianity. The relationship of the courts and the Church in the Polish-Lithuanian Commonwealth to the problem of apostasy among converts from Judaism is addressed. The penitential practices described in the court documents are similar to those described by the inquisitor Bernard Gui in the fourteenth century and to the ritual of dechristianization described by Jan Serafinowicz, the most famous eighteenth century convert.

3

Opinia prawna na temat projektu ustawy o zmianie ustawy – Prawo o postępowaniu przed sądami administracyjnymi

100%

Szydło M.

Zeszyty Prawnicze BAS

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2013

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issue 4(40)

190-210

EN

According to the author, the proposed amendment requires further legislative changes. Introduction of an extended possibility for administrative courts to adjudicate on merits of the case does not violate Article 184 first sentence of the Constitution and is an evidence of a more comprehensive implementation of the constitutional right to a trial (Article 45 (1) of the Constitution). In the authors view, the technical and legal premises of adjudicating by administrative court (provided for in the new Article 145a and in currently existing Article. 154 §2 of the Act should be made uniform in a reforming way. He expresses concern that an assessment requirement (referring to the “nature of the case”) contained in would not encourage administrative courts to issue decisions on merits of the case. Moreover, the author points out that the phrase “circumstances of the case” should be clarified.

4

Projekt stanowiska Sejmu w sprawie o sygn. akt SK 30/14

100%

Lis-Staranowicz D.

Zeszyty Prawnicze BAS

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2015

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issue 3(47)

274-302

EN

In the proposed draft position the author points to the incompatibility with Article 45 para. 1 of the Constitution of Article 75 § 4 of the Act – Law on Common Courts System, in so far as it denies the right of appeal to the court against the decision of the Minister of Justice rejecting the request from a judge to be moved to a different place of office. The decision of the Minister, based on his/her own discretion, should be subject to judicial review, as it is taken neither within the scope of administrative supervision over the courts, nor even by means of official superiority, but rather relates to the systemic position of a judge determined by his/her rights and obligations. In the opinion of the author, Article 75 § 1 of the above Act, in so far as it does not specify the conditions for move to another post, is in conformity with Article 47, Article 52 para. 1, Article 65 para. 1 in conjunction with Article 31 para. 3 of the Constitution. This provision contains a mechanism that properly balances the public interest and private interest. On the one hand, it allows the change of place of adjudication established in the appointment document, providing an exception to the principle of stabilization of the office of judge. On the other hand, it guarantees an efficient and fair administration of justice.

5

Operation and Jurisprudence of Municipal Courts in the Radom District During the German Occupation (1939-1945)

100%

Składanek B.

Teka Komisji Prawniczej

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2024

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vol. 17

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issue 2

415-425

EN

The aim of this article is to analyse the functioning of municipal courts in the Radom district during the German occupation in the years 1939-1945. The paper aims to show how municipal courts, despite the restrictions imposed by the occupier, played an important role in ensuring basic legal order and resolving civil and criminal cases that concerned everyday social problems. The article analyses the jurisprudence of these courts, focusing on their efficiency, the length of proceedings, and the changing number of cases during the occupation. The research is based on archival material, using historical-legal methods and case law analysis, which allows for a better understanding of the impact of the World War II period on the activities of the Polish judiciary. The article also shows how municipal courts, despite the difficult conditions, contributed to maintaining the Polish legal system and national identity under the occupation.

6

Siedlecka Temida i jej „klienci” w relacjach międzywojennej prasy

100%

Sowińska D.

Historia i Świat

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2013

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issue 2

141-159

EN

Among the many publications on the judiciary and the law may indicate little, in which it was subject matter of the social dimension of law. It leaves out the question of the role of sociological and psychological factors that affect the atmosphere of the courtroom, and the perception of the court – sovereign power by coming to him for justice. Pay attention to the topic of creating these factors by the media, whose voice grew in the interwar period louder and louder. Press releases from the courtroom appear quite often in the pages of the local press in Siedlce, aroused particular interest to readers. They were in fact a direct message from the “theater of life”, showed the true story of a man whose guilt had settled usually triple the jury. The accused was against the prosecutor, and sometimes also in the audience, who entered the trial as a real theater, with a ticket in hand. In the lobby we could hear comments on the matter, judge, prosecutor, defender, and above all, the accused and his family. A deep interest in Siedlce court case list is the fact that people often gathered here waiting for the outcome of late. Press information function in addition to meet the educational role. Journalists quickly noticed widely read topics on the right. For this reason, they uploaded more and more articles that explain the essence of the laws and regulations, knowledge of which they considered necessary in everyday life. Press releases related to the crimes committed. Vivid description of the event were acting on the imagination, which had warned the victim and deter potential criminals by showing them the consequences of breaking the law. Please ensure you fully appreciate the role of the press in shaping public opinion on the law, the drafting and enforcement.

7

Les tribunaux de la famille en Pologne

100%

Zieliński A.

Contemporary Central and East European Law

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1979

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issue 3 (43)

5-17

8

A Comparative Analysis of Institutions Responsible for the Election of Judges in France, Germany and Poland

100%

Pasierbek K.

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2019

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vol. 11

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issue 3

152-170

EN

The paper presents a comparative analysis of the institutions responsible for the election, promotions and nominations of judges in France, Germany and Poland. At the very eginning – in the introduction – the genesis of institutions which are equivalents of the National Council of the Judiciary was presented, starting from the philosophical basis for the idea of the independence of courts and judges, through international regulations to the constitutions of individual states. The main part was divided into 3 sections: a brief description of the judiciary, the composition of the institution responsible for the election of judges and the manner of appointing its members, and the competence of the council and the manner of appointing judges. Each of these issues was divided by the selected countries, thanks to which it will be possible to get a clear picture of how these institutions work in individual countries. As a summary, conclusions about how the principle of judiciary independence is met in selected countries, and whether meeting this principle depends exclusively on legal framework.

9

W sprawie poselskiego projektu ustawy o uznaniu za nieważne orzeczeń wydanych wobec byłych posłów na Sejm Rzeczypospolitej Polskiej skazanych w procesie brzeskim za działalność na rzecz demokratycznego Państwa Polskiego

100%

Jastrzębski R.

Przegląd Sejmowy

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2020

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issue 2(157)

165–172

EN

The opinion concerns convicting deputies in the so-called Brest trials. This was an event of great political signi cance in the Second Republic of Poland. After the September defeat * Opinia została napisana 10 lutego 2020 r. (przyp. red.). 166 Przegląd Sejmowy 2(157)/2020 Opinie in 1939, on 31 October 1939 President of the Republic of Poland issued a decree granting amnesty to the former deputies and reinstating their civil and honorary rights in their entirety. Since 2005 interpellations and bills have been submitted — mostly by deputies of the Polish People’s Party — concerning considering judgments passed in the Brest trials null and void. The bills were negatively evaluated by the government, the Supreme Court, the National Council of the Judiciary, they were also analysed by the Sejm Analyses Of ce. The discussed bill — third one submitted, not differing substantially from the previous one submitted in 2016 — refers to speci c court judgments in criminal cases passed with relation to speci c individuals. It is worth noting that an act shall contain legal norms of general and abstract nature. Hence, the proposed legal solutions transgress the attribution of the Sejm and consequently may violate the principle of separation of powers.

10

Opinia w sprawie komunikatu Komisji do Parlamentu Europejskiego, Rady, Europejskiego Komitetu Ekonomiczno-Społecznego i Komitetu Regionów: „Sprawozdanie na temat praworządności z 2020 r. Sytuacja w zakresie praworządności w Unii Europejskiej” (COM(2020) 580 final), łącznie z dokumentem roboczym służb Komisji: „Sprawozdanie na temat praworządności z 2020 r. Rozdział dotyczący sytuacji w zakresie praworządności w Polsce” (SWD(2020) 320 final)

88%

Mik C.

Zeszyty Prawnicze BAS

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2021

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issue 1(69)

93-113

EN

The opinion discusses the European Commission’s communication on key aspects of the rule of law in the Member States, including clarifying the issue of the rule of law in the European Union, its relevance to the effective functioning of the Union, the importance of the rule of law mechanism, and the impact of the COVID-19 pandemic on the rule of law in the Member States. The author states that the competences of the Commission to independently formulate the general concept of the rule of law and to take actions assessing the Member States from its perspective should be critically assessed.

11

Kryteria awansu w sądownictwie

88%

Drożdżejko Z.

Przegląd Prawa Publicznego

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2012

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issue 5

30-44

EN

The article concerns the issue of judges promotion. The basic rules on this matter elaborated by the Constitutional Tribunal are presented and discussed here. The author analyses the different criteria which can and should be taken into account while evaluating candidates for senior positions in the judiciary.

12

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

88%

Czarny P.

Zeszyty Prawnicze BAS

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2015

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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.

13

Szkice do biografii prawników wojskowych Wojska Polskiego, byłych radzieckich wojenjuristów 1. rangi

88%

Wojtkowiak J.

Pamięć i Sprawiedliwość

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2019

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issue 33

356-369

PL

A rtykuł przedstawia losy sześciu prawników wojskowych, Polaków, którzy w latach trzydziestych XX w. służyli w Armii Czerwonej lub wojskach NKWD, w 1936 r. nadano im stopień wojenjurista 1. rangi (odpowiadający wówczas randze pułkownika), a następ- nie wstąpili do Wojska Polskiego. Na podstawie źródeł, pochodzących głównie z archi- wów rosyjskich, zrekonstruowano kariery tych oficerów w okresie ich służby w siłach zbrojnych ZSRR. Pozwoliło to na nakreślenie ich portretu zbiorowego. Wszyscy legi- tymowali się wątpliwym wykształceniem zawodowym, przez wiele lat służyli w orga- nach związanych z systemem represyjnym państwa radzieckiego oraz byli dyspozycyjni wobec organów NKWD w czasie wielkiej czystki (1937–1938). Mimo poddania więk- szości z nich w 1938 r. różnego rodzaju represjom otrzymali rękojmię realizacji w Polsce polityki zgodnej z interesem ZSRR.

EN

T he article presents the life history of six Polish military lawyers who served in the Red Army or in the NKVD forces in the 1930s, were promoted to top ranking war lawyers in 1936 (the equivalent to the former rank of colonel), and afterwards enlisted into the Polish Army. Based on evidence mainly from Russian archives, it was possible to reconstruct the careers of these officers while on service in the armed forces of the USRR. A collective picture was established thereon. There were doubts as to their pro - fessional education since they completed many years of service in bodies related to the repression system of the Soviet state and served the NKVD authorities during the great purge (1937–1938). Although they were subject to various forms of repressions in 1938, they received a guarantee for pursuing a policy in the interest of the USSR in Poland.

14

Projekt stanowiska Sejmu w sprawie o sygn. akt SK 19/15

88%

Gromek Z.

Zeszyty Prawnicze BAS

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2016

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issue 2(50)

231-257

EN

In the proposed draft position the author claims that the contested article of the Act – Geological and Mining Law is compatible with Article 45 para. 1 of the Constitution. The decision approving the concession for the extraction of minerals from the deposit is related to environmental decision - the arrangements on the environment protection and environmental impact of the project, contained in the environmental decision are binding on the entity awarding concessions. Environmental decision are subject to oversight both the appellate and court proceedings. The author argues that the instruments provided for by the legislature ensure protection of the interests of owners of property adjacent to that on which projects negatively affecting the environment (including neighbourhood) are carried out.

15

Delikty proti životu v Provincii XIII spišských miest v druhej polovici 16. storočia a v prvej polovici 17. storočia

88%

Kurinovská M.

Historia Slavorum Occidentis

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2016

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issue 2(11)

181-198

EN

In the discussed period, delicts against human life recorded in protocols of the province could be divided into several groups – new-born child murder, abortion, manslaughter (not carefully planned homicide) – here injury with fatal outcome can be included, murder (premeditated homicide), killing in self-defence, accidental killing and robbery-homicide. The paper focuses only on cases, where culprit was sentenced for committing just one delict – delict against human life. Separate prosecution for abortion and robbery-homicide were not recorded in the protocols of the province in the analysed period. Among documented delicts against human life, premeditated homicides and new-born child murders, which were most strictly punished, were considered as the most serious ones. Manslaughters were punished somewhat less severely. When not planned, homicide was punished by death, then decollation was used. It was considered as the least cruel and the least degrading death penalty. Killings in self-defence, accidental killings and the cases of manslaughters, where the injured party was willing to make a deal with the part of culprit, were punished the least seriously.

16

Convicted Nazi lawyer. The case of Gerhard Pchalek in the Gera District Court in 1960

88%

Graczyk K.

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2020

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vol. 29

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issue 1

17-31

EN

This study is devoted to a criminal case brought before a court in the German Democratic Republic against Gerhard Pchalek in connection with his service as a prosecutor in the Third Reich. Pchalek served in the Polish territories incorporated into the Reich, in Bielsko and Ka¬towice. He was a prosecutor in proceedings before special courts in Bielsko and Katowice, as well as before the Higher National Court in Katowice, in which he filed motions to sentence defendants to the death penalty. In 20 cases - as was determined by the District Court in Gera - Pchalek demanded the death penalty, which was then imposed and enforced. His act was classified as aiding in murder under the provisions of the German Criminal Code, and Pchalek was sentenced to 4 years in strict regime prison. The paper discusses the biography of Pchalek, the issue of post-war criminal liability of Nazi lawyers and the criminal trial before the District Court in Gera. The study uses a historical, formal and dogmatic method. The criminal trial in question is one of the few cases in which a Nazi lawyer was convicted.

17

Lost in translation: Implementation of the right to a translator through the use of machine translators in the light of EU and Polish Law

88%

Kiejnich-Kruk K.

Ruch Prawniczy, Ekonomiczny i Socjologiczny

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2024

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vol. 86

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issue 1

61-81

EN

Both national and EU law provide for the right of an accused person to receive essential procedural documents in a language they understand and to participate in the proceedings in the presence of an interpreter. The need to implement these procedural guarantees raises several problems, such as the limited availability of interpreters and the cost to the State. This prompts the search for other solutions to implement the indicated individual rights. This article aims to answer the question of the admissibility and legitimacy of using machine translators to implement the right to an interpreter for defendants in criminal proceedings, and to indicate the opportunities and risks associated with the use of AI-based systems in this regard. The article presents the result of a linguistic, systematic and purposive interpretation of the relevant provisions of national laws and the provisions of Directive 2010/64/EU. Formal-dogmatic and statistical methods were used. The results of research into the quality of machine translations and statistics on the costs of translations are presented. The results support the recognition of the admissibility and legitimacy of the use of machine translators in criminal proceedings in order to implement the indicated rights. The text presents possible ways of applying these solutions in judicial practice and formulates a demand to the Ministry of Justice to begin work on the programme without delay. However, currently, both law enforcement and justice authorities can use publicly available machine translation software.

18

Criminal and Disciplinary Proceedings against Władysław Siła-Nowicki Before the Courts of the People’s Republic of Poland (1959-1984)

88%

Rzeczkowska E.

Teka Komisji Prawniczej

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2025

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vol. 18

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issue 2

475-496

EN

This article aims to present a fragment of the biography of Władysław Siła-Nowicki, a lawyer and defence counsel in political trials during the period of the People’s Republic of Poland. He practised law from 1959 to 1984. During this period, his uncompromising courtroom stance led to repeated disciplinary penalties, criminal roceedings, and temporary deprivation of his right to practise law. Thanks to his courage and willingness to make sacrifices in defence of his clients, he earned public recognition and respect. The article is also intended as a contribution to broader reflections on the status of the legal profession under a communist state.

19

Judicial Reforms in Ukraine and the Future of Reform in Poland: Adapting Legal Solutions to National Contexts

88%

Florczak-Wątor M., Trykhlib K.

Constitutional Review

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2025

|

issue 1

45-82

EN

This article examines the judicial reforms undertaken by three key Ukrainian institutions: the Constitutional Court, the Supreme Court, and the High Council of Justice. Focusing on the processes for selecting members and shaping institutional composition, it evaluates the outcomes of these reforms and provides recommendations for their continued development. Through a comparative analysis of Poland’s judicial institutions – the Polish Constitutional Tribunal, the Polish Supreme Court, and the National Council of the Judiciary – the study identifies reform elements from Ukraine that could address challenges within the Polish judiciary. However, we do not propose that Poland should implement judicial reforms identical to those undertaken in Ukraine. Instead, our aim is to present solutions that could serve as inspiration for Poland’s own reforms, irrespective of influences from the experiences of other countries. It should be noted that judicial reforms in Ukraine are still ongoing, and as we highlight in this article, they require further improvements and refinements.

20

Virtual Conciliation and Mediation Hearings: A Systematic Review

88%

Alves A. L., Lunardi F. C., Correia P. M. A. R.

Review of European and Comparative Law

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2025

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vol. 61

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issue 2

63-85

EN

This article aims to conduct a systematic review on virtual conciliation and mediation hearings to identify their strengths, weaknesses, and areas for concern. The study employs a systematic review methodology, allowing for the identification, selection, analysis, and synthesis of relevant academic works. The research is directly linked to digital judicial governance, examining its dimensions in terms of accessibility, resources, structure, and judicial performance. By reviewing and analyzing the scientific studies available on Scopus, Web of Science, HeinOnline and Google Scholar databases, this study identifies recurring analytical dimensions and provides a framework that can serve as a basis for future research, contributing to the advancement of this area of knowledge.

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