Krytyka Prawa. Niezależne studia nad prawem

A Comparative Analysis of Institutions Responsible for the Election of Judges in France, Germany and Poland

Pasierbek, Krzysztof

Kozminski University

279.8 KB

78 downloads

Abstract

The paper presents a comparative analysis of the institutions responsible for the election, promotions and nominations of judges in France, Germany and Poland. At the very eginning – in the introduction – the genesis of institutions which are equivalents of the National Council of the Judiciary was presented, starting from the philosophical basis for the idea of the independence of courts and judges, through international regulations to the constitutions of individual states. The main part was divided into 3 sections: a brief description of the judiciary, the composition of the institution responsible for the election of judges and the manner of appointing its members, and the competence of the council and the manner of appointing judges. Each of these issues was divided by the selected countries, thanks to which it will be possible to get a clear picture of how these institutions work in individual countries. As a summary, conclusions about how the principle of judiciary independence is met in selected countries, and whether meeting this principle depends exclusively on legal framework.

Metadata

Journal Krytyka Prawa. Niezależne studia nad prawem 
Volume 11 
Issue 3 
Issue date 9/2019 
Type Article 
Language en
Pagination 152–170
DOI 10.7206/kp.2080-1084.325
ISSN 2080-1084
eISSN 2450-7938