Court Resolution Research Articles

A Novel Method for Identifying Patients with High Risk of Litigation in Plastic Surgery: Introducing the FATIMA Acronym.

In recent years, there has been an upward tendency in the number of claims against Plastic Surgeons in some countries, while remaining among the most litigated specialists worldwide. Identifying the most frequent traits in Plastic Surgery claimants could aid surgeons in performing better patient selection and avoid liability. The three main legal databases in Spain were consulted for Plastic Surgery litigations in Spain over a five-year period. Data from the plaintiffs, defendants and judicial processes were collected. In addition, expert witnesses were interviewed and data from the main medico-legal association in Spain was collected. This data was contrasted with the available literature regarding litigation in Plastic Surgery worldwide. A total of 199 court resolutions were analyzed, two expert witnesses were interviewed and "The Patient's Advocate Association" of Spain was consulted. The most frequent traits observed in the plaintiffs were summarized in the acronym FATIMA that describes a Female patient using Antidepressants or Anxiolytics, presenting body Tattoos, suing after undergoing a breast surgery with the use of Implants, Middle-aged and with Access to free legal services. The use of the acronym FATIMA in the identification of patients with high risk of litigation in Plastic Surgery could aid surgeons in performing adequate patient selection and avoiding medical liability. This journal requires that authors assign a level of evidence to each article. For a full description of these Evidence-Based Medicine ratings, please refer to the Table of Contents or the online Instructions to Authors www.springer.com/00266 .

The Uniqueness of Mediation as an Alternative Dispute Resolution Method Outside the Court in Resolving Various Customary Disputes in Simalungun Regency

<em>Mediation as an alternative dispute resolution outside the court has its own uniqueness in resolving various customary disputes. Generally, when a dispute arises between parties, the community tends to be more familiar with resolving disputes through customary means, or what they refer to as mediation. Mediation is a term commonly used by the community when disputes occur. Thus, mediation as an alternative dispute resolution holds a unique position among the people, particularly in Simalungun Regency, in resolving various customary disputes without the involvement of the courts. This article will further discuss the uniqueness of mediation in resolving customary disputes, the advantages and disadvantages of applying mediation as an alternative dispute resolution outside the court in Simalungun Regency. The importance of establishing mediation as an effective method for alternative dispute resolution outside the court for various customary disputes lies in its easy procedures, active involvement of the disputing parties, and respect for customary values and norms in maintaining social harmony and prioritizing win-win solutions. Moreover, mediation not only provides a practical and efficient solution but also helps to strengthen social relationships and preserve local cultural continuity. Therefore, mediation is considered a suitable and beneficial means for resolving customary disputes, offering a more familial approach compared to court resolution processes.</em>

Current Issues of Payment for Forensic Examinations in Civil Proceedings: Legal and Organizational Aspects

The author examines current issues of payment for forensic examinations in civil proceedings. The author identifies the problem associated with the imperfection of legal regulation of this area is identified. The article highlights the provisions of the Constitutional Court Resolution No. 43-P dated July 20, 2023 in the case of verifying the constitutionality of the provisions of the Civil Procedure Code of the Russian Federation related to the payment of forensic examinations. The article also analyzes the emerging practice of applying this Resolution.

Liability of Perpetrators of Road Accidents and their Insurers for Damages Related to the Post-Accident Clean-Up. Remarks on the Supreme Court's Resolution of 20 January 2022, III CZP 9/22

The article addresses the issue of the liability of the motor vehicle owner (the perpetrator of a road accident) and the third-party motor liability insurer for damages related to the costs of post-accident road cleaning. It is a polemic with the concept of a broad understanding of the scope of liability of the perpetrator and the insurer, presented by the Supreme Court and some legal doctrine, because it contradicts, among others, the statutory catalogue of obligations imposed on (particularly public) road administrators. Moreover, arguments have been advanced for a different interpretation of the terms "property damage" and "destruction" as well as the unjustified enrichment of the road administrator seeking cost refund from the perpetrator or the third-party liability insurer.

Transfer pricing: A European perspective for Ukrainian legislation and practice

The transfer pricing issue is urgent for Ukraine considering the extreme need to attract funds (including from foreign partners) for the reconstruction of the state in the conditions of martial law and post- war times. Given the above, the purpose of this study was to cover the specific features of the implementation practice and court resolutions regarding the transfer pricing disputes in Ukraine, as well as the prospects for implementing the relevant provisions of supranational directives of the European Union. The formal- logical and concrete-legal tools, including the abstraction, formal legal and comparative legal methods, helped to cover the legal status of participants in legal relations, application of the “arm’s length” principle, corresponding and compensating adjustments, procedure and functional characteristics of transfer pricing, evaluating the documentation, guaranteeing access to information sources of the appropriate quantity and quality, considering the practice of the Supreme Court of Ukraine regarding transfer pricing and the regulations of the European Union Transfer Pricing Directive. The study proved that confirming the amounts of expenses is to be implemented following the legally defined procedure for transfer pricing regarding the obligations to increase the financial result of the tax (reporting) period, proper tax reporting and control, responsibility for non-submission/overdue submission of a report on controlled transactions. The application of the “arm’s length” principle was established considering such imperative criteria as determining the taxable profit and checking the factual price in the relations with non-residents, comparability of economic transactions in the context of assessing the factual controlled transaction. Criteria for the comparability of economic transactions were summarised related to assessing the essential properties of the transaction itself, the nature of assets and risks, goods transferred and/or the services rendered, fundamental and dynamic strategies of behaviour, economic status, performed functions of associated participants in legal relations. The practical value of this study for researchers, law enforcement bodies, and stakeholders lies in the coverage of the European perspective on transfer pricing implementation for Ukraine

Proceedings in Courts on Cases of Administrative Offenses as an Integral Part of Administrative Proceedings

Introduction. The consideration by the courts of cases of administrative offenses is an essential part of the administrative judicial process and acts as one of the means of combating these offenses, as well as ensuring the legality of bringing individuals and legal entities to administrative responsibility. Meanwhile, the procedural and legal nature of the resolution by the courts of cases involving individuals and legal entities to administrative responsibility and cases of challenging decisions and decisions made in cases of administrative offenses (administrative proceedings or administrative jurisdiction) has not yet been clearly defined. In the context of the inconsistency of the current regulatory and legal regulation of the activities of courts of general jurisdiction and arbitration courts for the resolution of cases of administrative offenses referred to their competence, the question of the procedural and legal qualification of this activity becomes particularly relevant. Theoretical Basis. Methods. The theoretical basis of the research was the works of Russian legal scholars on the theory of justice, administrative proceedings, proceedings on administrative offenses, as well as normative material contained in the le¬gislation on administrative responsibility and administrative proceedings that were in force earlier and in force now. The main research methods used were the method of formal-legal analysis of normative legal acts and the historical-legal method. Results. It is stated that the institution of judicial review of cases of offenses (misdemeanors) that are not recognized as crimes originated in the Russian state in the XVIII century and then evolved throughout the XIX and XX centuries. It is shown that historically two forms of court resolution of cases of administrative offenses have been formed: consideration of cases on bringing individuals and legal entities to administrative responsibility and consideration of cases on appeal (challenging) decisions and decisions made by administrative bodies or lower courts in cases of administrative offenses. The absence of uniform approaches to understanding the legal nature of judicial acti¬vity in resolving cases of administrative offenses in the domestic procedural and legal science has been revealed. It is established that this activity is considered from two positions: as the administration of justice in the form of administrative proceedings and as the implementation, together with administrative bodies, of a separate independent complex administrative and jurisdictional proceedings. The inconsistency of the fe¬deral legislative acts currently in force regulating the consideration by courts of cases arising from administrative legal relations in terms of the procedural and legal qualification of judicial proceedings in cases of administrative offenses is noted. Discussion and Conclusion. As a result of the conducted research, conclusions are formulated that the proceedings in cases of administrative offenses in all courts that are part of the judicial system of the Russian Federation represent the administration of justice in the form of administrative proceedings and are subject to regulatory se¬paration from extrajudicial (administrative) proceedings in these cases.

Glosa do uchwały Sądu Najwyższego z dnia 6 października 2022 r., III CZP 112/22

The thesis of the voted resolution reads: An in-court decision is a non-existent decision when the signature has been placed only under the entire document comprising the sentence and the principal reasons for the decision (Article 357 § 5 of the Code of Civil Procedure). The article is an approving gloss to the Supreme Court resolution of October 6, 2022, case file no. III CZP 112/22, which once again analyses the problem of non-existent judgements (sententia non existens). The discussed resolution, although its sentence is a part of the established and grounded line of rulings of the Supreme Court, in its grounds undertakes consideration of a new issue, so far very rarely discussed in the civil procedural law literature and not analyzed in the jurisprudence. In fact, it focuses on the institution of “fundamental reasons for decision” referred to in Article 357 § 5 of the Polish Code of Civil Procedure, and in particular on the impact of the method of its use on the existence of the issued judgment. In the grounds for the resolution commented upon, it was correctly pointed out that the abovementioned institution constitutes a separate procedural activity from the drafting of the sentence and grounds for the decision. At the same time, it was noticed that it has not been, in fact, precisely regulated, which, on the one hand, may create difficulties in its practical use by courts, and, on the other hand, it does not allow for applying to it per analogiam regulations regarding the drafting of justifications. The above considerations have led the Polish Supreme Court to two important conclusions. The first point is that if the principal reasons for a judgment are formulated in writing by the court giving the judgment in question as a separate element of the judgment – linguistically and graphically distinct from the sentence – then the signatures of both the sentence and the principal reasons are required. The absence of both of these signatures, as stated in the resolution, results in the judgment not existing (sententia non existens). This conclusion, as rightly pointed out, follows directly from the language of the regulations of the Polish Code of Civil Procedure which regulates both the drafting of judgments and the performance of litigation actions. The second important conclusion formulated by the Polish Supreme Court in the commented resolution comes from the conclusion that both the provisions regulating the content of the sentence and the provision of Article 357 § 5 of the Polish Code of Civil Procedure, which refers to the ‘principal reasons for the decision’, do not exclude the possibility of both elements forming a compact whole. Therefore, the Court assumed that if the sentence of the judgment is connected, combined with the fundamental reasons for its issuance into a single complete unit, including linguistically and graphically, these actions, as it were, “unite” in such a way that the judge’s signature at the end of such a document does not render it non-existent. The judgment issued in such a way complies with all the requirements set out in the regulations, it is an existing judgment. The resolution commented upon deserves full approbation. However, a certain dissatisfaction is left by the fact that the essence of the correct considerations of the Polish Supreme Court contained in its justification was not reflected in the operative part of the resolution, as a result of which its influence on the jurisprudence practice may turn out to be insignificant.

Peculiarities of opening legal proceedings in civil proceedings on Ukrainian lands within the Russian Empire (II half of XVIII – I half of XIX centuries)

The article examines the peculiarities of opening proceedings in a lawsuit based on the analysis of the legislation of the Muscovite Kingdom and the Russian Empire, starting from the 2nd century. 18th and 1st centuries XIX century In fact, we are talking about the pre-reform period of procedural legislation, which existed before the introduction of the Statute on Civil Procedure in 1864.
 The author examines the peculiarity of establishing the right to sue and notes that the legislation of that time revealed it from a feudal standpoint, as it gave some strata of the population the opportunity to exercise it freely, while others did not. Thus, serfs (private peasants) in one case did not have the right to sue (in particular, they could not file a lawsuit against their master), in another - they did, but could not exercise it themselves (serfs' disputes with other estates were resolved on their behalf by their landlords), and in the third - had full right to it (disputes among themselves).
 The types of civil proceedings in disputed cases, which at that time were divided into patrimonial and civil proceedings, are studied. In the first case, the court considered a lawsuit, and in the second - a lawsuit. However, both the lawsuit and the lawsuit were filed with the court in the form of a request ("proshenie"). The form, types and details of this request are analyzed. The claimant's demands are written in paragraphs, in which they are argued by facts, and the latter are supported by evidence. The existence of both general and special norms that regulate this issue is noted (special norms determine it for certain categories of patrimonial or legal cases).
 An analysis of the procedure for submitting requests to the court is carried out, where attention is drawn to the need to comply with the rules of jurisdiction, to submit copies of requests to the number of defendants in the case and evidence that confirms the validity of the plaintiff's claims. The plaintiff also had to pay the customs duty, and in some categories of civil cases, advanced legal costs related to the publication of newspaper ads. It is indicated that the opening of proceedings in a civil case ended with a court resolution or the return of a request with an indication of the reasons for this. The author concludes that it is at this time that the stage of opening proceedings in the case begins to take shape as an independent stage of the civil process.

Applying the principles of Vivir Bien to a court resolution in Bolivia: language, discourse, and land law

ABSTRACT The Plurinational Constitutional Court is the final arbiter of legal disputes involving the interpretation and application of the Political Constitution of the Plurinational State of Bolivia (2009) (BC). Its role is especially important given that the BC follows a type of decolonial ‘hybrid’ constitutional model that incorporates the Indigenous concept of Vivir Bien (VB) as part of their legal paradigm. Using tools from Case Law Analysis and Critical Discourse Analysis, this article explores the Court’s judicial interpretation and application of VB and its principles to a legal dispute regarding Indigenous Peoples’ constitutional right to be consulted over government measures impacting their ancestral territories. The results indicate that the judges would foreground and background different aspects of the VB principles to support their views, resorting to their use in a hierarchical form that is not mandated in the BC. This shows a gap between formal incorporation and the practical application of the VB principles. This research informs the fields of legal studies, decolonial thought, and discourse studies.

Forensic Psychology Expertise in Legislation and Case Law of Estonia: Based on Physiological Affect

Expertise is the study and solution of a professional issue or the expression of an opinion on it by an expert. In procedural law, expertise means examination of materials to establish factual information. Expert examination is performed by an expert and the research results are formalised in an expert report. Circumstances established in the course of expert examination, which have been fixed in accordance with the procedure prescribed by procedural law, are the evidence in the preliminary investigation and in court resolution procedures.

THE ESSENCE OF THE EFFICIENCY OF JUSTICE’S IMPLEMENTATION IN ADMINISTRATIVE JURISDICTION AS A MEAN OF PROTECTION OF UKRAINE'S ECONOMIC INTERESTS

The article is devoted to disclosing the content of the principle of efficiency in administrative cases of public administration in the field of economics, disclosing the importance of this principle for the administration of justice in administrative jurisdiction as a means of protecting Ukraine’s economic interests, substantiation of improving the science of administrative law. It has been proved that the efficiency of resolving administrative cases concerning public administration in the field of economics is inherently related to the category of “reasonable time” of court proceedings. Its defining criterion is the decision of the court of the administrative case in the shortest possible time. The scientific position of the representative of the doctrine of civil procedural law N.Yu. Sakari on determining the reasonable time of the trial of the ideal model of administration of justice is recognized as relevant on the administrative proceedings in resolving the administrative cases. It is substantiated that the efficiency of resolving the considered administrative cases and, hypothetically, administrative cases in general should be considered as a category that combines the factual side (actual maximum speed of court resolution in specific circumstances of the case) and the legal side (deadlines set by administrative procedure legislation). It is noted that the legal side does not correspond to the actual one at the level of procedural legislation, as the term of consideration specified in the article of the Сode of administrative procedure of Ukraine is objectively impossible to comply with in the actual consideration of administrative cases. Under such conditions, it is stated that the procedural deadlines lose their guiding function. The efficiency of resolving the investigated administrative cases is represented by a necessary condition for the recognition of administrative proceedings as an effective means of protecting the economic interests of Ukraine in each case. In order to increase the term of consideration of cases on appeal of regulations, the need to amend Part 8 of Art. 264 of the Сode of administrative procedure of Ukraine.

Constitutional Court of the Russian Federation Protects of Citizen's Suffrage

The article deals with the ways to protect the citizens' suffrage through constitutional justice. The goals of resolutions of the Constitutional Court of the Russian Federation are defined. Depending on the purpose of Constitutional Court's resolutions, they help to prevent such violations in the future, help to eliminate obstacles to the realization of electoral rights and help to restore citizens' rights. Rulings of the Constitutional Court on the protection of citizens' electoral rights do not have a punitive effect on offenders, since the task of constitutional justice is to protect the rights and freedoms of all citizens regardless of their attitude to a particular case.

Prospects for Improving Court Resolution Questions about the Parole of a Convicted Person from Serving a Sentence

The procedural order of consideration by the courts of petitions and representations for conditional early release from serving a sentence needs to be improved, since these issues affect the most important constitutional rights and freedoms of citizens. Current legislation does not set a specific time frame for consideration of such requests. The author comes to the conclusion that it is necessary to consider issues of early release within 30 days from the date of receipt of the request to the court in compliance with the deadline for notifying interested persons no later than 14 days before the start of the court session. At the stage of preparation for the court session to consider the issue of early release, the court examines the received materials and performs preparatory actions. Since the activities of the court in execution of the sentence is seen as justice, all the participants of the court session (the court, Prosecutor, convict, victim, defender) should be able to use the procedural powers granted to them in consideration of the criminal case on the merits and in this stage of the process, taking into account its specificity. Participation of the convicted person in the consideration of issues of early release as a general rule should be mandatory. Consideration of the case in the absence of this person is possible only in cases when it independently and unambiguously refused to participate in the court session. The implementation of the right to protection by a convicted person during the execution of a sentence has certain features. The content of the right to protection takes on a somewhat different meaning. There is no need to defend yourself against the accusation, and the presumption of innocence provision has ceased to apply. Under such conditions, the content of the right to protection is centered around the protection of the rights and legitimate interests of this person, including his ability to obtain the necessary information, personal participation in the consideration of issues related to him, obtaining qualified legal assistance, etc. The participation of the defender in this stage must be carried out according to the general rules of criminal proceedings and must be mandatory, except in cases where the person refused to help the defender independently and voluntarily. Objective circumstances of the development of modern society put on the agenda the need to change the form of consideration of materials on early release and move to the consideration of most of these materials online. Extensive use of modern messengers with high-quality video communication will optimize the process of participation of the Prosecutor, defender and victim in the court session.

Resolving Administrative Cases Concerning Child Under the Foreign Custody of Same-Sex Persons Without Violating National Principles on Filiation as the Ratio Decidendi of the Supreme Administrative Court (NSA) Resolution of 2 December 2019

Resolving Administrative Cases Concerning Child Under the Foreign Custody of Same-Sex Persons Without Violating National Principles on Filiation as the Ratio Decidendi of the Supreme Administrative Court (NSA) Resolution of 2 December 2019

НЕКОТОРЫЕ ПРОБЛЕМЫ ИСПОЛНЕНИЯ СУДЕБНОГО РЕШЕНИЯ О НАЗНАЧЕНИИ ПРИНУДИТЕЛЬНЫХ МЕР МЕДИЦИНСКОГО ХАРАКТЕРА

Compulsory measures of a medical nature are regulated by both criminal, procedural and penal legislation, though not to the full extent. In particular, many problems arise immediately after a court decision has been made in relation to a person who has committed a crime in a state of insanity, as well as on the appointment of these measures, and at the stage of a court decision execution. First of all, it is necessary to note the problem of the legal regime for the application of a preventive measure in the form of taking into and keeping in custody, as well as other procedural coercion measures when the decision on the appointment of compulsory medical measures to persons awaiting referral to a medical organization has been made. The application of compulsory procedural measures to the mentally ill seems unreasonable, bearing in mind the purposes of compulsory medical measures, non-counting the time of compulsory medical measures within the term of imprisonment, loss of the indictment period due to the termination of the criminal case. The application of procedural coercion by courts after the termination of a criminal case and appointment of compulsory medical measures against the persons waiting to be sent to a medical institution appear out of the objective need to control the behavior of such persons for a certain period. In this regard, there appears a problem of a time interval between a decision on the appointment of compulsory medical measures and the date when the person is delivered to the medical institution. It seems possible to solve this problem, if we eliminate the 5-day period when a copy of the court resolution is sent to the medical institution and make it possible for a medical institution to make a decision on accepting and treatment of the person in absentia. Another important problem is a competent authority to ensure the delivery of people for compulsory treatment. In practice, due to the incorrect application of the criminal procedure law, there is no clear idea of who should bring a person for compulsory treatment. Meanwhile, since compulsory medical measures are aimed at curing, improving the mental state of mentally ill people as well as preventing them from committing new crimes, health authorities seem to be the most suitable for this role. It seems possible to authorize the security service of psychiatric hospitals operating on the basis of the Federal Law “On ensuring the protection of psychiatric hospitals (hospitals) of a specialized type with intensive supervision” to deliver such persons to medical institutions, without involving criminal procedural forces and means, which seems to take into account the status and mental health of the persons as well as their rights and freedoms.

Intimación al reintegro de un trabajador efectuada vía Whatsapp

This paper has the objective of approaching the analysis of the 1° Labor Court of Appeal judicial ruling N° 222/2020. Specifically, it will be analyzed the Court resolution regarding the notification executed by the employer through WhatsApp to an employee that had been absent to the workplace without previous notice.

Implementation Law Issues Of Supreme Court Regulation No. 4 Of 2019 About Perma Revision No. 2 Of 2015 About Small Calim Court Resolution Procedures And Its Settlement Efforts

Legal dispute resolution can be done through non-litigation channels or through litigation channels. The non-litigation route as an alternative to dispute resolution (APS) outside the court route through its main mechanism, namely negotiation, mediation and arbitration, is increasingly loved by the public, especially the business world, because it offers various advantages compared to using the litigation route. But for some people, they still view dispute resolution through litigation as the main dispute resolution so that the consequence is that there is a buildup of cases in courts both at the first level, especially at the Supreme Court level. To anticipate this, the Supreme Court issued Perma No. 2015 concerning Procedures for Settlement of Small Claim Courts which was later revised to Perma No. 4 of 2019 concerning Amendment of Perma No. 2 of 2015 concerning Procedures for Settlement of Small Claim Courts. The Supreme Court's biggest hope is that this procedure can reduce the buildup of cases and can provide a sense of justice for the small community who demand justice, but in its implementation, there are still several legal problems that can cause the Small Claim Court to not run optimally. This study uses a normative juridical method supported by interviews. The primary data of this research are interviews with Supreme Court officials and several District Courts such as Central Jakarta District Court Class IA, Bandung District Court Class IA, Bale Bandung District Class IA and Garut District Court. Secondary data for this research were obtained from a literature study of laws and regulations governing the Small Claim Court procedure. Based on the results of the research, there are several problems related to the application of the Regulation on Small Claim Court related to the binding power of the use of the Small Claim Court, the use of a single judge in deciding, the problem of domicile differences. These problems can be minimized with several efforts to resolve them properly and effectively so that the application of the principles of fast, simple and low cost justice in a Small Claim Court is not only a mere slogan without any real realization.

The Future of the Second Amendment in a Time of Lawless Violence

Reva B. Siegel and Joseph Blocher have focused attention on an underappreciated dimension of the debate about the constitutional right to keep and bear arms. They reject a narrow concept of “public safety” that evaluates regulations solely in terms of physical safety, without adequately recognizing the public’s interest in securing a “a foundation for community and for the exercise of many of our most cherished constitutional liberties.” At this level of generality, I agree. But I do not agree that an appropriately broad conception should widen the discretion of legislatures to impose restrictions on firearms. The issue that Siegel and Blocher raise is especially important during this time of politically inspired riots and flaccid government responses to mob violence. The most practically important Second Amendment issue that is ripe for Supreme Court resolution concerns the scope of the constitutional right to bear arms in public. The Constitution’s text and history offer little direct guidance, and the Justices will inevitably have to decide how to resolve the conflicts of interest that occur when governments seek to promote public safety by depriving individuals of the means to protect themselves. The single most foundational principle on which our liberal regime rests is the inherent right of self-defense against violent assaults, whether from common criminals or political activists or tyrannical governments. The Second Amendment’s core purpose is to insulate that right from improper government interference. But protecting the right to keep and bear arms also serves a broader civic purpose. An armed citizenry displays the spirit of courage and self-reliance on which genuine self-government depends. That spirit should be honored and defended more than ever in times of civil unrest, and especially when governments have responded passively or with perverse encouragement to mob violence.

LEGAL PROTECTION FOR CHILDREN AS VICTIMS OF SEXUAL VIOLENCE IN FULFILLMENT RESTITUTION RIGHTS

<div><table cellspacing="0" cellpadding="0" align="left"><tbody><tr><td align="left" valign="top"><p><em>This is an empirical normative study, which aims to determine the legal protection for child victims of sexual violence in the context of law enforcement and the implementation of the right to restitution. In addition, the materials used were primary and secondary data. The legal instrument that implements the rights to restitution for children victims is the arrangement of articles that are unclear and incomplete, resulting in problems. However, bad judges prevent courts from implementing these rights. Unclear and incomplete rules on procedures concerning restitution rights have resulted in an understanding of law enforcement officials, especially in conducting the inter-court application process, and proceedings. Meanwhile, the human resource factors in supporting the fulfillment of restitution are deemed inadequate. The existence of a legal vacuum in the procedures for fulfilling these rights has made the public prosecutor to implement the court resolution and make innovation through consensus decision making.</em></p></td></tr></tbody></table></div>

Dostęp do list poparcia kandydatów do Krajowej Rady Sądownictwa jako przykład neutralizacji aksjologicznej Konstytucji RP

Artykuł omawia utrudnianie dostępu do informacji publicznej przez Kancelarię Sejmu (list poparcia kandydatów do Krajowej Rady Sądownictwa) mimo jej zasadniczego znaczenia dla oce-ny konstytucyjności Rady. Wątpliwości wyrażone przez TSUE w wyroku z dnia 19 listopada 2019 roku (w połączonych sprawach C-585/18, C-624/18 i C-625/18), podzielone przez Sąd Najwyższy w uchwale BSA I-4110-1/20 z 23 stycznia 2020 roku, można sprowadzić do wymogu weryfikacji całego procesu powoływania członków, ze szczególnym uwzględnieniem inspekcji papierowych do-kumentów posiadanych przez Kancelarię Sejmu. Bezwnioskowe udostępnienie tych list nastąpiło w lutym 2020 roku, w sytuacji, w której status Rady został już rozstrzygnięty w uchwale Sądu Naj-wyższego. Pomimo solidnych podstaw konstytucyjnych dla dostępu do tego rodzaju informacji (art. 54, 61 Konstytucji RP) praktyczny problem z egzekwowaniem Konstytucji RP tkwi w mało skutecz-nej regulacji ustawowej, jak na ironię osłabionej przez władzę sądowniczą, pierwszą ofiarę kultury tajności, oraz dużą niechęć uczestników życia politycznego (w tym opozycji) do zwiększenia poziomu przejrzystości w parlamentarno-gabinetowym systemie rządów. Artykuł dowodzi, że kwestia zakresu i efektywności ustawowego reżimu dostępu do informacji nie może być zakładnikiem politycznego kompromisu, ilekroć informacja ma kluczowe znaczenie dla zachowania porządku konstytucyjnego.