THE PRINCIPLE OF THE RIGHT TO A COURT IN THE CONSTITUTION OF THE POLAND

Abstract

Pursuant to Art. 45 section 1 of the Constitution of the Republic of Poland, everyone has the right to a fair and public hearing of the case without undue delay by a competent, independent, impartial and independent court. As it is emphasized in the doctrine of constitutional law, this provision expresses one of the fundamental rules of a democratic state of law, which is the principle of the so-called right to court. It is a logical consequence of the assumption that in a state of law, only the court is the authority that ultimately decides on the freedoms, rights and obligations of an individual. Moreover, it is a very important right of an individual who can assert his or her rights before a competent, independent, impartial and impartial court, obliged to consider the case fairly and openly.The case law emphasizes that it includes the right of access to a court, which includes the right to initiate a procedure before an independent, impartial and independent court, the right to appropriately shape the court procedure in accordance with the requirements of justice and transparency, and finally the right to a court judgment, that is, the possibility of obtaining a binding resolution of the case by the court.As can be seen from the above, the concept of the Polish legislator assumes the development of the right to a court as a pledge of guarantees with which the court must be „equipped” so that the freedoms and rights of the individual are protected in an appropriate manner. This study will be an attempt to present these guarantees.