Działalność administracyjna sądów

Abstract

In a quarrel between the Minister of Justice and the National Council of Judiciary of Poland main subject of this conflict is the common courts administrative activity supervision. Nevertheless an object of this supervision, the common courts administrative activity seems wrongly obvious. During analysis of main polity acts regulating courts in Poland only article 8 of Common Courts Polity Act of 27 th July 2001 (Consolidated Act - Journal of Laws from 2015, item 133 as amended), further as the CCPA, regulates the one and only legal definition of courts administrative activity supervision. However this definition is so wide that some activities regulated as court administrative activity is de facto reserved only for judicial supervision. Administrative Law Doctrine states, that supervision expertise need to be precise in law but avoiding to complete this demand does not forbid to use supervision expertise, with an exception of using means of impact. At last the Administrative Courts Polity Act of 25th July 2002 (Consolidated Act – Journal of Laws from 2014, item 1647 as amended) and the Military Courts Polity Act 21 st August 2001 (Consolidated Act – Journal of Jaws from 2015, item 1108 as amended) haven’t their own autonomic definition of court administrative activity delegating to practise the CCPA regulations in matter of court administrative activity supervision appropriately. This situation demands to precise the attribution of court administrative activity or to begin discussion by the Doctrine on this matter in respect of autonomy and tasks of the executive power and the judiciary power.