Polish Judicial Disciplinary Panel Law
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Polish Judicial Disciplinary Panel Law
The Polish Supreme Court Disciplinary Chamber law is legislation that defines conduct standards for the majority of Polish judiciary, namely the common and military courts and the Supreme Court, albeit excluding the administrative courts and the tribunals. It was enacted by the Sejm (223 to 205) on 20 December 2019. Standards The bill establishes the Disciplinary Chamber of the Supreme Court and empowers it to common, military and Supreme Court justices who engage in "political activity", including questioning the political independence of the panel. Punishments may include a fine, reduction of salary, or termination from their position. In comparison with other chambers, the law curbs the powers of the First President of the Supreme Court in regard to the Disciplinary Chamber in favor of the President of the Chamber, making it effectively “an autonomous body which only nominally is within the structure of the Supreme Court”. The law also changed the manner in which the he ...
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Judiciary Of Poland
The judiciary of Poland ( pl, sądownictwo w Polsce) are the authorities exercising the judicial power of the Polish state on the basis of Chapter 8 of the Constitution of Poland. As in almost all countries of continental Europe, the Polish judiciary operates within the framework of civil law. The courts (), designated by the Constitution as those exercising the administration of justice (), are the bodies that review the vast majority of cases, with the exception of those specifically assigned to the two tribunals (). The courts are formally divided into common courts () which are the courts that have jurisdiction covering all matters other than those specifically assigned to other courts (and thus include civil, commercial, labour and social insurance law disputes as well as most criminal cases), administrative courts (), which review complaints challenging the legality of administrative proceedings and their outcomes, and the military courts (), which serve as criminal cour ...
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Adam Bodnar
Adam Piotr Bodnar (born 6 January 1977) is a Polish lawyer, educator, and human rights activist. He was the Polish Ombudsman for Citizen Rights from 2015 until July 2021. Life and career In 2000, he graduated in law from the University of Warsaw and in 2001 he obtained the Master of Law degree in the field of comparative constitutional law from the Central European University in Budapest. He also completed a course in European Law co-organized with Cambridge University as well as American Law co-organized with the University of Florida at the Faculty of Law and Administration of the University of Warsaw. In 2006, he received a PhD degree from the University of Warsaw on the basis of his dissertation entitled ''Multi-level Citizenship in the European Constitutional Sphere''. In 2019, he obtained habilitation at his alma mater. He worked as an assistant professor at the Department of Human Rights of the Faculty of Law and Administration of the University of Warsaw as well as academ ...
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Controversies In Poland
Controversy is a state of prolonged public dispute or debate, usually concerning a matter of conflicting opinion or point of view. The word was coined from the Latin ''controversia'', as a composite of ''controversus'' – "turned in an opposite direction". Legal In the theory of law, a controversy differs from a legal case; while legal cases include all suits, criminal as well as civil, a controversy is a purely civil proceeding. For example, the Case or Controversy Clause of Article Three of the United States Constitution ( Section 2, Clause 1) states that "the judicial Power shall extend ... to Controversies to which the United States shall be a Party". This clause has been deemed to impose a requirement that United States federal courts are not permitted to cases that do not pose an actual controversy—that is, an actual dispute between adverse parties which is capable of being resolved by the ourt In addition to setting out the scope of the jurisdiction of the ...
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2019 In Poland
Events of 2019 in Poland. Incumbents * President – Andrzej Duda (independent, supported by Law and Justice) * Prime Minister – Mateusz Morawiecki (Law and Justice) * Marshal of the Sejm – Marek Kuchciński (Law and Justice) (until 9 August), Elżbieta Witek (Law and Justice) (since 9 August) * Marshal of the Senate – Stanisław Karczewski (Law and Justice) (until 11 November), Tomasz Grodzki (since 12 November) Events January *January 4 – Koszalin escape room fire *January 13 – Paweł Adamowicz, the mayor of Gdańsk, is stabbed during a live charity event in Gdańsk by a former inmate, who was released from prison a month prior to the assassination. Adamowicz dies the following day from his injuries, at the age of 53. March *March – the town of Świdnik in eastern Poland passed a resolution rejecting "LGBT ideology". April * April 1 — Priests in Gdańsk burn ''Harry Potter'' books. *April 8 — Polish teachers began a str ...
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Law Of Poland
The Polish law or legal system in Poland has been developing since the first centuries of Polish history, over 1,000 years ago. The public and private laws of Poland are codified. The supreme law in Poland is the Constitution of Poland. Poland is a civil law legal jurisdiction and has a civil code, the ''Civil Code'' of Poland. The Polish parliament creates legislation (law) and is made up of the 'Senate' (upper house) and the Sejm (lower house). Legal areas Polish public and private laws are divided into various areas, including, for example: * civil law (''prawo cywilne''), much of which is contained in the '' Polish Civil Code'' *commercial law (''prawo handlowe'') notably the '' Polish Code of Commercial Partnerships and Companies'' *copyright law (''prawo autorskie''), see copyright law in Poland for details *administrative law (''prawo administracyjne'') *constitutional law (''prawo konstytucyjne'') *private international law (''prawo prywatne międzynarodowe'') *tax ...
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Judicial Independence
Judicial independence is the concept that the judiciary should be independent from the other branches of government. That is, courts should not be subject to improper influence from the other branches of government or from private or partisan interests. Judicial independence is important to the idea of separation of powers. Many countries deal with the idea of judicial independence through different means of judicial selection, or choosing judges. One way to promote judicial independence is by granting life tenure or long tenure for judges, which ideally frees them to decide cases and make rulings according to the rule of law and judicial discretion, even if those decisions are politically unpopular or opposed by powerful interests. This concept can be traced back to 18th-century England. In some countries, the ability of the judiciary to check the legislature is enhanced by the power of judicial review. This power can be used, for example, by mandating certain action when the ...
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Protests Against Polish Judiciary Reforms
Since 2017, a series of protests against judiciary reforms have occurred in Poland. Since Law and Justice took power in Poland in 2015, its influence rapidly extended to the judicial branch, through contended nominations that produced the 2015 Polish Constitutional Court crisis. The Law and Justice party argues that the reforms are needed to improve the efficiency of the judiciary, but the opposition, supported by a significant number of members of the judiciary, has been very critical of the reforms. The reforms have also been criticized by a number of international bodies. The European Commission invokes the Article 7 of the European Treaty against E.U. member Poland, denouncing recent judiciary reforms putting it under the political control of the ruling majority and citing ''"serious risk othe independence of the judiciary and the separation of powers"''. The Polish judicial disciplinary panel law, approved by the Sejm on 20 December 2019. The bill empowers the Disciplinar ...
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Polish Rule-of-law Crisis
The Polish constitutional crisis, also known as the Polish rule-of-law crisis, is a political conflict ongoing since 2015 in which the Polish government has been accused of failing to adhere to European and Polish constitutional law. The 2015 elections resulted in the Law and Justice party (, PiS) winning control of both the presidency and the parliament. With this government trifecta as a result of its participation in the United Right, PiS used its power to appoint judges to the Constitutional Tribunal in 2015, leading to the 2015 Polish Constitutional Court crisis. The government of Poland continued to expand its hold on the judiciary resulting in the 2017 Supreme Court crisis, and the 2019 Polish judicial disciplinary panel law. These events have allowed the legislature and executive of the Polish government to have ''de facto'' control over judges and their appointments. These moves have been condemned by the European Union which initiated an Article 7 process against ...
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European Association Of Judges
The International Association of Judges (IAJ) is a professional, non-political, international organization of national associations of judges. It was founded in Salzburg in 1953 and has its headquarters in Rome. The IAJ promotes the Rule of Law and the Independence of the Judiciary. Its members consist of national associations or representative groups from approximately 90 countries. The IAJ board has eight members from all continents and its main instance is the central council with all its 90 countries. It adopted a new Universal Charter of the Judge at its annual meeting in 2017 which took place that year in Santiago Chile. The IAJ is the oldest and most prestigious international organization of judges. It is focused on judicial independence as a guarantee of human rights, and in this capacity holds consultant status with the Council of Europe, the International Labor Organization and ECOSOC The United Nations Economic and Social Council (ECOSOC; french: links=no, Cons ...
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Committee For The Defence Of Democracy
The Committee for the Defence of Democracy, CDD ( pl, Komitet Obrony Demokracji, ''KOD'') is a Polish-born civic organization and NGO which among its goals includes promoting the European values, especially democracy, rule of law, and human rights. It was founded in November 2015 by a group of citizens including Mateusz Kijowski, as a result of, and triggered by, the Polish constitutional crisis, 2015. The organization declares its independence of any political parties and that it has no intention to transform into one. It is opposed to the actions of the government led by the Law and Justice (PiS) party. KOD has its Polish headquarters in Warsaw and international office in Brussels (KOD International), with chapters and affiliated associations around Europe, in North America, Asia and Australia. The organization was awarded the 2016 European Citizens' Prize by the European Parliament for defending fundamental rights and democracy. Background KOD was formed after Law an ...
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Helsinki Foundation For Human Rights
The Helsinki Foundation for Human Rights is the name of non-governmental organizations in a number of countries established under the now defunct International Helsinki Federation for Human Rights. The organizations include: * *Turkmen Helsinki Foundation for Human Rights, established in 2003 in Varna, Bulgaria, to monitor human rights in Turkmenistan *Czech Helsinki Committee The Czech Helsinki Committee ( cs, Český helsinský výbor) is a non-governmental non-profit organization for human rights. It has operated in Czechoslovakia since 1988 and in the Czech Republic since 1993. It was founded as one of the first "Hel ... References {{reflist Human rights organizations ...
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Diego García Sayán
Diego is a Spanish masculine given name. The Portuguese equivalent is Diogo. The name also has several patronymic derivations, listed below. The etymology of Diego is disputed, with two major origin hypotheses: ''Tiago'' and ''Didacus''. Etymology ''Tiago'' hypothesis Diego has long been interpreted as variant of ''Tiago'' (Brazilian Portuguese: ''Thiago''), an abbreviation of ''Santiago'', from the older ''Sant Yago'' "Saint Jacob", in English known as Saint James or as ''San-Tiago''. This has been the standard interpretation of the name since at least the 19th century, as it was reported by Robert Southey in 1808 and by Apolinar Rato y Hevia (1891). The suggestion that this identification may be a folk etymology, i.e. that ''Diego'' (and ''Didacus''; see below) may be of another origin and only later identified with ''Jacobo'', is made by Buchholtz (1894), though this possibility is judged as improbable by the author himself. ''Didacus'' hypothesis In the later 20t ...
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