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

Author

Listed:
  • 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)

  • Catalin-Silviu Sararu

    (Department of Law, Bucharest University of Economic Studies, Romania)

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.

Suggested Citation

  • Maria Grzymislawska-Cybulska & Kajetan Gorny & Catalin-Silviu Sararu, 2017. "Romanian, Polish and German judge disqualification in disputes of administrative litigation," Juridical Tribune - Review of Comparative and International Law, Bucharest Academy of Economic Studies, vol. 7(Special), pages 6-25, October.
    • Handle: RePEc:asr:journl:v:7:y:2017:i:special:p:6-25
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    More about this item

    Keywords

    judge disqualification; administrative litigation; impartiality of judges; comparative administrative law.;
    All these keywords.

    JEL classification:

    • K23 - Law and Economics - - Regulation and Business Law - - - Regulated Industries and Administrative Law
    • K41 - Law and Economics - - Legal Procedure, the Legal System, and Illegal Behavior - - - Litigation Process

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