Constitutional aspects of the court referendary’s participation in criminal proceedings

Abstract

The issue of the place occupied by a court referendary in the Polish judicial system takes on a special character in the light of the provisions of the Constitution of the Republic of Poland, as well as the Law on the System of Common Courts, which determine the scope of tasks that may be entrusted to a court referendary in criminal proceedings. However, as it stands, this institution is ineffective in criminal proceedings. Although it meets the requirement of constitutionality, and the legislator has legally delegated certain powers to court referendaries in criminal proceedings, the fear of violating the constitutional principle of administration of justice only by courts prevents the legislator from further development of this institution.