Evolution of the Models of Disciplinary Procedures in the Light of the Conventional and Constitutional Standards of the Right to a Trial
Journal Title: Białostockie Studia Prawnicze - Year 2017, Vol 0, Issue 22
Abstract
Th e article focuses on the evolution of one of the most vital elements of disciplinary proceedings, i.e. judicial control (audit) of disciplinary decisions. Regarding this issue, the article discusses jurisprudence of the European Court of Human Rights and the Polish Constitutional Tribunal. Th e presented historical and functional analysis of model disciplinary proceedings across many diff erent professions distinguishes basic restrictions of the right to a trial and their character in disciplinary proceedings. With reference to appealing against decisions of disciplinary bodies, the article emphasizes that the lines between civil and penal procedures are blurred. Finally, the article addresses the infl uence of amendments made in the Polish penal procedure and the Act on Prosecution between 2015 and 2016 on the application of disciplinary proceedings.
Authors and Affiliations
Cezary Kulesza
Keywords
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- EP ID EP337527
- DOI 10.15290/bsp.2017.22.01.01
- Views 53
- Downloads 0
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