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    Published: 2023-12-12
    Vol. 21 No. 2 (2023)

    Guarantee nature of the principle of collegiality

    Miłosz Kościelniak-Marszał
    The Opole Studies in Administration and Law
    Section: Articles
    DOI https://doi.org/10.25167/osap.5251

    Abstract

    Judicial authority in the Republic of Poland is exercised by the Supreme Court, common, administrative and military courts, which adjudicate through judges in collective or single-member bodies formed on the basis of appropriate legal norms. Changes can be observed over the years in the predominance of the idea of collective and single-person adjudication. In Poland, since the mid-1990s, there has been a clear trend constisting in the professionalisation of jurisprudence, which also affects the composition of the panel of judges. Changes in this area accelerated in connection with the COVID-19 pandemic, although the threat posed by the virus was a pretext rather than a reason for introducing them. The aim was to facilitate scrutinising judges in order to discourage attempts at verification of the appointment process of judges, which might not be in accordance with the principles of independence and impartiality established by law within the meaning of the European Convention on Human Rights. In this context, the principle of collectiveness of the panel of judges and the related obligation of secrecy of judicial deliberations are key factors that can guarantee effective protection of individual judges from the pressure of political factors, and, in consequence, interference in the sphere of jurisprudence.

    Keywords:

    court, judge, justice, independence, judgment

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    Citation rules

    Kościelniak-Marszał, M. (2023). Guarantee nature of the principle of collegiality. The Opole Studies in Administration and Law, 21(2), 171–185. https://doi.org/10.25167/osap.5251

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