Fixing the Problem of Unlawfully Appointed Judges in Poland in the Light of the ECHR
CC-BY
Lưu vào:
| Tác giả chính: | |
|---|---|
| Định dạng: | Sách |
| Ngôn ngữ: | English |
| Nhà xuất bản: |
Springer
2023
|
| Chủ đề: | |
| Truy cập trực tuyến: | https://link.springer.com/article/10.1007/s40803-023-00191-3 https://dlib.phenikaa-uni.edu.vn/handle/PNK/9115 |
| Từ khóa: |
Thêm từ khóa
Không có từ khóa, Hãy là người đầu tiên đánh dấu biểu ghi này!
|
| id |
oai:localhost:PNK-9115 |
|---|---|
| record_format |
dspace |
| spelling |
oai:localhost:PNK-91152023-09-20T08:35:46Z Fixing the Problem of Unlawfully Appointed Judges in Poland in the Light of the ECHR Szwed, Marcin ECHR NCJ CC-BY This article seeks to answer the question of how to deal with the problem of unlawful judicial appointments in Poland in a way consistent with the European Convention on Human Rights (ECHR). According to the Polish Constitution, appointments of judges are made upon the request of the National Council of the Judiciary (NCJ). After controversial reforms in 2017, this body lost its independence from politicians. In the four judgments issued so far, the European Court of Human Rights (ECtHR) ruled that appointments of Supreme Court judges made upon the request of politicised NCJ were burdened with manifest violation of domestic law and, as a result, panels of courts composed of persons appointed in this way were not ‘tribunal established by law’. Arguably, this conclusion may be extended to other judges appointed in the same way. 2023-09-20T08:35:46Z 2023-09-20T08:35:46Z 2023 Book https://link.springer.com/article/10.1007/s40803-023-00191-3 https://dlib.phenikaa-uni.edu.vn/handle/PNK/9115 en application/pdf Springer |
| institution |
Digital Phenikaa |
| collection |
Digital Phenikaa |
| language |
English |
| topic |
ECHR NCJ |
| spellingShingle |
ECHR NCJ Szwed, Marcin Fixing the Problem of Unlawfully Appointed Judges in Poland in the Light of the ECHR |
| description |
CC-BY |
| format |
Book |
| author |
Szwed, Marcin |
| author_facet |
Szwed, Marcin |
| author_sort |
Szwed, Marcin |
| title |
Fixing the Problem of Unlawfully Appointed Judges in Poland in the Light of the ECHR |
| title_short |
Fixing the Problem of Unlawfully Appointed Judges in Poland in the Light of the ECHR |
| title_full |
Fixing the Problem of Unlawfully Appointed Judges in Poland in the Light of the ECHR |
| title_fullStr |
Fixing the Problem of Unlawfully Appointed Judges in Poland in the Light of the ECHR |
| title_full_unstemmed |
Fixing the Problem of Unlawfully Appointed Judges in Poland in the Light of the ECHR |
| title_sort |
fixing the problem of unlawfully appointed judges in poland in the light of the echr |
| publisher |
Springer |
| publishDate |
2023 |
| url |
https://link.springer.com/article/10.1007/s40803-023-00191-3 https://dlib.phenikaa-uni.edu.vn/handle/PNK/9115 |
| _version_ |
1779307156765409280 |
| score |
8.8926115 |