OPEN Repository

Welcome to OPEN - the Repository of Open Scientific Publications, run by the Interdisciplinary Centre for Mathematical and Computational Modelling, University of Warsaw, previously operating as the CeON Repository. The Repository enables Polish researchers from all fields to openly share their articles, books, conference materials, reports, doctoral theses, and other scientific texts.

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Item
Ponownie o kasacji ministra sprawiedliwości w procesie karnym. Kilka aspektów konstytucyjnych i procesowych
(Towarzystwo Doktorantów UJ, 2016) Andrzejewska, Marzena; Uniwersytet Jagielloński
This article is an attempt to assess the impact of the executive power in the person of the Minister of Justice on justice, especially in terms of cassation proceedings in a crim- inal trial, in which he was re-designated as an entity vested with powers to make a complaint. The analysis includes both the constitutional aspect and the procedural dimension, together with an indication of the legislative road that was passed by the discussed Art. 521 of the CCP. An assessment of the new regulation will lead to an answer to the question whether the changes were necessary, to what extent they were in line with the constitutional principle of the separation and balancing of the authorities, the requirement of independence of judges and independence of the court, and how far is a remodeling of control of cassation being made, greatly enhancing other than before functions of the Supreme Court.