Commissioner for Human Rights

Procedure of dismissal of a judge from delegation

Date:
Tagi: sądy

The present shape of dismissal mechanism of a judge from delegation to another court violates the principle of balance of powers, court independence and independence of judges, as well as the right of a judge to rule. Decision of the Minister of Justice concerning dismissal of a judge from delegation is not subject to appeal. In addition, the regulations of the Act Law on the structure of common courts do not indicate premises, which should be observed by the Minister when making such decision. The Commissioner turned to the Minister of Justice to undertake relevant legislative changes.

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