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A Polish Reform of Judiciality: How to Demand and Bury Judicial Accountability

Anna Anna Młynarska-Sobaczewska; Jacek Zaleśny

2024

( 2 )

DOI: 10.7206/kp.2080-1084.676

https:/doi.org/10.7206/kp.2080-1084.676

Abstract

The article explores the outcomes of the judicial reform in Poland after 2015, which diminished judicial independence; and it has also been counter-productive in terms of the proclaimed need of judicial accountability. The changes made to how judges are appointed, disciplinary procedure and the management of the courts are discussed from this perspective, observing the capacity to give an account of the power entrusted to judges. The aim of the study is to show that the reforms introduced under the banner of increasing judicial accountability have made that accountability synonymous with the judges being held politically dependent, which is quite the opposite of accounting for the power entrusted. The research methods used in the text are the dogmatic method and case study.

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Challenges of Kosovo Judicial Reform from an International Perspective: Issues and Complexities

Artan Maloku; Petrit Hajdari

2024

( 1 )

DOI: 10.7206/kp.2080-1084.657

https:/doi.org/10.7206/kp.2080-1084.657

Abstract

This study systematically investigates the primary issues and obstacles impeding the establishment of a functional and credible judiciary in Kosovo, adopting an international perspective. The research methodology includes a combination of qualitative and empirical analytical approaches to concrete actions based on a review of relevant literature, reports, and legal documents. This paper concludes that Kosovo should be ready to reach compromises, strengthen the independence, professionalism, transparency and accountability of judges and prosecutors, and increase public confidence in justice, to achieve a successful reform in the judicial system. The paper offers several recommendations for improving the quality and efficiency of justice in Kosovo, such as promoting cooperation and coordination with international factors in this field.

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Krytyka Prawa. Niezależne Studia nad Prawem

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