Judicial Management Versus Independence of Judiciary

The foregoing monograph is the first to present the situation of the Polish judiciary after the reforms of 2015–2018 against the background of the international standards of managing the justice system and in the context of regulations and models adopted in other legal systems. The publication contains papers by about twenty international and Polish authors (academics, judges of international adjudicating bodies, and local judges), which are an excellent commentary for debate on the direction and rationality of the ongoing changes in Poland with respect to court management and the legal and systemic guarantees of the judges’ status. The starting point for this publication was a conference held at Faculty of Law and Administration of the Jagiellonian University in Kraków on 8 December 2017, entitled Court Management and Access to Justice System. The event was co-organised by the “Iustitia” Association of Polish Judges, the MEDEL Association of European Judges for Democracy and Liberty, as well as the Faculty of Law and Administration of the University of Silesia in Katowice. "The subject matter of this collection gets to the core of the problems which the Polish judiciary contends with. First of all, one can find studies on judicial independence analysed from various points of view: related with the structure of the courts’ system and their management (papers by Noel Rubotham, Stephen P. Anthony, Vittorio Fanchiotti, Henrik Engell Rhod, Artur Dionísio Oliveira) and the role of independent associations of judges (Nuria Díaz Abad, Gualtiero Michelini). The contributors also draw attention to the impact that the constitution and its interpretation have on respect for judicial independence (John McClellan Marshall) and to the participation of citizenry in the administration of justice (Aleksandra Karpińska). The papers provide an insight into the way in which proper operation of the justice system, judicial independence and its guarantees related with the appointment and irremovability of judges, as well as acceptance of their independent associations, are ensured both in the common law countries and those basing on the civil law tradition, including ‘new democratic’ states". Prof. Piotr Hofmański, PhD habil.

Abbreviations | str. 9 Introduction | str. 13 PART I Changes in court management and the position of a judge in the Polish legal system | str. 15 Krystian Markiewicz The battle for free courts in Poland in the years 2015–2018 | str. 17 Dobrosława Szumiło-Kulczycka The organisation and management of courts in Poland | str. 61 Katarzyna Gajda-Roszczynialska Judicial independence as part of the “court of law” concept versus the Law on the organisation of common courts amended in 2015–2018 | str. 83 Radosław Flejszar, Grzegorz Borkowski Status of a judge and guarantees of exercising judicial power in Poland | str. 116 Andrzej Torbus Mediation in civil matters and the access to justice | str. 136 PART II Court management and the position of a judge from the international perspective | str. 149 Duro Sessa Standards of judicial profession | str. 151 Nuria Díaz Abad Judgeship and the ENCJ standards | str. 157 Noel Rubotham Judicial independence and the funding, structure and management of the courts – a CEPEJ perspective | str. 164 Gualtiero Michelini Standards of professional associations of judges and prosecutors in safeguarding judicial independence | str. 182 Chile Eboe-Osuji The right to an independent judiciary | str. 189 John McClellan Marshall The Constitution and independent judiciary in the USA | str. 207 Stephen P. Anthony Institutional safeguards of judicial independence: a practicing lawyer’s perspective | str. 215 Christoph Flügge Judgeship and the guarantees of exercising judicial power in Germany | str. 224 Artur Dionísio Oliveira Judgeship and the guarantees of executing justice in Portugal | str. 229 Iryna Izarova Independent judiciary: experience of current reforms in Ukraine as regards appointment of judges | str. 242 Vittorio Fanchiotti Court structure and management in Italy | str. 264 Henrik Engell Rhod The courts of Denmark and the administration of courts – an overview | str. 283 Aleksandra Karpińska Justice of peace courts in Spain – a lesson to be learned | str. 301 Concluding remarks | str. 319 About the Authors | str. 325