LAY JUDGES IN THE DISCIPLINARY CHAMBER OF THE POLISH SUPREME COURT: DISCIPLINARY SANCTIONS TO JUDGES

Abstract

Since 2015, the Republic of Poland has been facing serious challenges to the constitutional order of a democratic state governed by the rule of law, which is based on the principle of the separation of powers and their balance. The highest representative body of the nation – the parliament, elected by universal suffrage – adopted amendments to the law that significantly affected one of the three elements of the principle of distribution of powers, i.e., the separation of powers and independence. Despite the help of international organizations, the process of change regarding the independence of the judiciary in the Republic of Poland has not stopped. This article analyses the procedure and powers of the Disciplinary Chamber of the Polish Supreme Court, which has led to one of the main disputes between Polish and European Union institutions, involving the European Commission and the Court of Justice of the European Union. International resistance to non-democratic processes related to the application of disciplinary liability to judges is reviewed, and the practical functioning of the Disciplinary Board is analysed – including, among other things, public lay judges elected by the parliament.