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Romanian, Polish and German judge disqualification in disputes of administrative litigation

Maria Grzymislawska-Cybulska (), Kajetan Gorny () and Catalin-Silviu Sararu ()
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Maria Grzymislawska-Cybulska: Ph.D., an associate judge in the Voivodship Administrative Court in Poznan, Poland
Kajetan Gorny: Faculty of Law and Administration, the University of Zielona Gora, Poland

Juridical Tribune (Tribuna Juridica), 2017, vol. 7, issue Special, 6-25

Abstract: The subject matter of this article is to compare the regulations of Romanian, Polish and German guarantees of the right to an impartial court within the context of a judge disqualification in a court-administrative proceeding. The comparison of Romanian, Polish and German regulations pertaining to judge disqualification in court-administrative procedure leads to a conclusion that there are some significant distinctions among those regulations. It is worth noticing that the Polish court-administrative procedure is the only one, out of the three analyses systems, which could be featured as fully autonomous. At the same time both the Romanian as well as the German regulations depend on a reference to their civil procedures. On a side note, a reference to the provisions of the civil procedure also existed in Poland, until 2004, when the current Law on Proceedings Before Administrative Courts entered into force. All three legal systems underline the importance of the regulations on the judge’s professional status within the context of providing conditions for impartial adjudication.

Keywords: judge disqualification; administrative litigation; impartiality of judges; comparative administrative law. (search for similar items in EconPapers)
JEL-codes: K23 K41 (search for similar items in EconPapers)
Date: 2017
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