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- Title
THE QUESTIONABLE INDEPENDENCE OF POLISH ASSESSORS AND ITS EFFECTS ON THE EUROPEAN LEGAL ORDER.
- Authors
Dorochowicz, Marcin; Gronowska, Bożena; Sadowski, Piotr
- Abstract
This article critically analyses the Polish institution of assessor (junior judge) and the impact of hampering this institution’s independence on decisions of other European courts. Using the dogmatic-legal method, the authors conclude that procedures of nominating assessors and ending their periods of service do not respect the right to a fair trial guaranteed in the European Convention on Human Rights, and in EU law. Assessors adjudicate mainly in a one-person bench. Thus, although under EU law states should only exceptionally verify if decisions made by other states respect fundamental rights, such verifications may become routine.
- Subjects
EUROPEAN Convention on Human Rights; APPRAISERS; FAIR trial; JUDGES; EUROPEAN Union law
- Publication
Collected Papers of Zagreb Law Faculty / Zbornik Pravnog Fakulteta u Zagrebu, 2023, Vol 73, Issue 6, p1059
- ISSN
0350-2058
- Publication type
Article
- DOI
10.3935/zpfz.73.6.02