O niekonstytucyjności § 95 ust. 2 zd. 2 Regulaminu urzędowania sądów powszechnych

Abstract

ON THE UNCONSTITUTIONALITY OF § 9522 OF THE RULES OF PROCEDURE OF COMMON COURTS

The subject of this work is the issue of the constitutionality of § 9522 of the Rules of Procedure of Common Courts. Based on the analysis of regulations in the field of criminal proceedings, the author tries to demonstrate the non-compliance of this provision with the principle of the right to defence, the principle of the right to an effective remedy, the principle of the exclusivity of the act and the prohibition of creating apparent powers, and, therefore, proposes its own, different regulation of this issue, which would allow for compliance of national regulations with the standards of fair trial.