Reforma wymiaru sprawiedliwości - Andrzej Świątkowski (Autor) (Kraków, 2022)
https://wydawnictwo.ignatianum.edu.pl/reforma-wymiaru-sprawiedliwosci.htm
Monografia naukowa
The trial and the partial state of affairs, called by the present state and political authorities the „reform of the judiciary”, is aimed at undermining the principle of the tripartite division of powers: legislative, executive and judiciary. This principle has been constructed, developed and linked to the guarantees of individual freedom. Its sixteenth and seventeenth century precursors and creators – John Locke and Charles Louis Montesquieu presented its essence and meaning as follows: „When in one and the same person or in one and the same body the legislative power is united with the executive, there is no freedom, because it is feared that the same monarch or the same senate may not constitute tyrannical laws to be tyrannically exercised. There is also no freedom if the judicial power is not separated from the legislative and executive powers. If it were combined with the legislature, the power over the life and freedom of citizens would be arbitrary, because the judge would be the legislator. If it were combined with the executive, the judge could have the power of an oppressor”. According to Montesquieu, laws should be adjusted to the degree of freedom that the system and society of a given state can accept, tolerate, contest or strongly oppose. For several years in Poland, it can be clearly observed that the foundation formulated by a philosopher of politics and a lawyer, having a solid base in the system of checking and balances of state authorities in the contemporary Polish State, which was considered and considered a bit earlier in Europe and in the world for a democratic state ruled by law, implementing the principles of social justice, it begins to falter. Departure from the principle of the separation of powers, limiting it or „giving it façade character, that is, reducing it to the level of a certain ideal that is not implemented in practice, leads to a situation already known to us from history, that is to the concept of a unified state power”. It is also known that the concepts currently implemented – as I write about in this monograph – cannot be accepted by lawyers specializing in EU law. They are not only inconsistent with the provisions of European Union law. They also have unfavorable repercussions for the relatively „new” member state, which the Republic of Poland is considered to be in the European space. The monograph was written for students of law, administration, public policy and political science. It is also addressed to mature lawyers, especially those who contest ideas submitted and, unfortunately, partially implemented. It is based on previous scientific achievements published in the central monthly magazines of legal journals. It presents the views, opinions and standpoints of the most outstanding European lawyers on the most important matters for the EU and the Republic of Poland, which are the rule of law, the independence of courts and the independence of judges. It is obvious that the above-mentioned problems cannot be fully presented in a book dealing with the most important legal problems for all Polish citizens. The book presents selected, most interesting legal issues that have never been encountered by people interested in the law and judicial authorities in the Republic of Poland, previously perceived as a member state of the European Union, and not only a partner of the common market. The author presents the views of the highest judicial authority of the EU – the Court of Justice and some EU institutions: the EU Commission and the CJEU Advocates General on matters in which they are involved in relations with the Republic of Poland. The book focuses on some, in my opinion, fundamental issues selected for the fundamental values that EU citizens respect and enjoy on an equal footing. It presents an experiment, i.e. an inherently risky action initiated by the Polish authorities and carried out under the law of the judiciary. The author hopes that today the above selection of texts, wri
Keywords: nauki o polityce i administracji; language commodification; language policy; politics of language; Russian language; sociolinguistics