ON THE CONSTITUTIONALITY OF THE MODEL OF DISCIPLINARY PROCEEDINGS IN MATTERS OF JUDGES OF THE CONSTITUTIONAL TRIBUNAL

Abstract

The subject of the article is analysis of the provisions governing disciplinary proceedings in matters of the Constitutional Tribunal’s judges from the point of view of selected constitutional norms. In the study, the normative solutions of the disciplinary procedure model in matters of the Constitutional Tribunal’s judges were juxtaposed with the right of access to the courts (Art. 45(1) of the Constitution), the right to appeal against rulings and decisions (Art. 78 of the Constitution) and the principle of two-instance court proceedings (Art. 176(1) of the Constitution). The above allowed to evaluate the provisions on the disciplinary liability of judges of the Constitutional Tribunal through the prism of the Constitutional standard, and led to the formulation of conclusions on the provisions’ compatibility with the Constitution.