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Application of the EU Charter of Fundamental Rights: Article 47 in the Context of Judicial Reform in Poland
Nedělníková, Tereza ; Svobodová, Magdaléna (advisor) ; Exner, Jan (referee)
(EN) Following the Polish parliamentary elections in 2015, the winning party began to push for several judicial reforms, which have, in their combination, proved to be problematic, especially in terms of ensuring the independence of national courts. In relation to individuals, this has notably undermined their right to an effective remedy and to a fair trial under Article 47 of the EU Charter of Fundamental Rights (hereinafter as 'the Charter'). The introduction of this thesis briefly summarises how the European Community has evolved in relation to the protection of fundamental human rights, focusing on the principle of effective legal protection, which has been codified in the aforementioned Article 47. This section is followed by a description of the Charter's applicability, which is essential for analysing the main objectives of this thesis. The first of these objectives is to map the change in the approach of the Court of Justice in relation to the national rules governing the organisation of the national justice system. In this context, the Polish reforms and the Court's subsequent assessment of them are presented. The second objective is to analyse the role of Article 47 Charter in this case-law development. In particular, to what extent, if at all, has the expansion of the Court's...
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Analysis of Polish Judicial Reform in the Line of Recent ECJ Judgment - Commission vs. Poland
Shushanashvili, Ketevan ; Solanes Mullor, Joan (advisor) ; Šlosarčík, Ivo (referee)
The judicial system of Poland is at the forefront of public, constitutional, political and legal debates of the European Union. Different aspects of rule of law in Poland, such as independence of judges, their right to irremovability, the alleged intention of the government to occupy and impact Polish judicial sector are discussed among academics. The aim of this research conducted throughout the thesis is to add complete and all-inclusive analysis of the recent judgment of European Court of Justice (hereinafter: "ECJ") regarding lowering retirement age of judges to the ongoing academic literature. Furthermore, before reaching that conclusion, providing the reader with the review of Polish political debate, the responses of European Union institutions and analysis of the necessity of the reform for Polish judicial system. Powered by TCPDF (www.tcpdf.org)
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Analysis of Polish Judicial Reform in the Line of Recent ECJ Judgment - Commission vs. Poland
Shushanashvili, Ketevan ; Solanes Mullor, Joan (advisor) ; Šlosarčík, Ivo (referee)
The judicial system of Poland is at the forefront of public, constitutional, political and legal debates of the European Union. Different aspects of rule of law in Poland, such as independence of judges, their right to irremovability, the alleged intention of the government to occupy and impact Polish judicial sector are discussed among academics. The aim of this research conducted throughout the thesis is to add complete and all-inclusive analysis of the recent judgment of European Court of Justice (hereinafter: "ECJ") regarding lowering retirement age of judges to the ongoing academic literature. Furthermore, before reaching that conclusion, providing the reader with the review of Polish political debate, the responses of European Union institutions and analysis of the necessity of the reform for Polish judicial system. Powered by TCPDF (www.tcpdf.org)
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