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
Related Articles
- EP ID EP337527
- DOI 10.15290/bsp.2017.22.01.01
- Views 42
- Downloads 0
Kierunek zmian przepisów o formie testamentu w dobie nowych technologii na przykładzie Szwajcarii
Th e problems of inheritance law change with the needs of society. In the era of new technologies there is a temptation to use them to achieve goals set by law. One of the areas of inheritance law that can be adapted to...
Selected Procedures Used in Community Courts and Changes in the Institution of Conditional Discontinuance of the Proceedings and Conditional Sentencing in the Years 2015-2016
In the years 2015-2016 regulations of instruments present in Polish criminal law such as conditional discontinuation of proceedings and conditional sentencing changed. Th e aim of this study is therefore to answer the qu...
Th e Right to Have a Matter Adjudicated by a Court and Alternative Dispute Resolution – Selected Issues
Th is article presents selected issues relating to the concept and realization of the right to court, comparing them with alternative methods of dispute resolution – ADR. It points out some of the causes leading to the c...
When Everything Old is New Again: Amish Career and Technical Education
In this qualitative study, the authors briefl y describe the Amish formal education system, discuss career and technology education in Amish communities and examine the possible transfer of the model to public schools. F...
Cross-Border Mediation and Small and Medium Enterprises
Th e European Union created a common market with free movement of persons, goods, services and capital, which has resulted in the “Europeanisation” of many civil relations, including trade, contracts and family issues. I...