Prawnicze samorządy zawodowe w orzecznictwie sądu najwyższego w sprawach dyscyplinarnych

Abstract

Legal profession self-governments in the rulings of the Polish Supreme Court in disciplinary cases The issue of the status of legal professional self-governments is not only of theoretical nature, but also is of significance for the practice of lawmaking in the area of regulations of the professions of public trust and disciplinary cases. This article examines three aspects. Firstly, it examines the possibility of deriving an obligation to establish self-governing bodies for certain legal professions directly from the Constitution. Secondly, it identifies the immanent competences of the professional self-government that the legislature cannot deprive it of. Thirdly, the article discusses the connections between the principle of autonomy of professional corporations and the restraint of the Polish Supreme Court in disciplinary proceedings.