Suchergebnisse

The article discusses the organisational issues of self-government organisations of the professions of public trust in Poland, in the context of the implementation of the principle of incompatibilitas, as a sine qua non condition for their proper functioning and due performance of the public tasks entrusted to them. The analysis covers the self-government organisations of advocates, attorneys-at-law, notaries, bailiffs, patent attorneys and tax advisers, taking into account their different structures and the legal basis (statutory law or bye-laws) for the prohibition on the one-handed holding of multiple functions or mandates in the bodies of these professional associations. The study found that the phenomenon of holding multiple functions in the self-government of attorneys-at-law constitutes a problem. The study outlines the cause of this situation and draws conclusions for the law as it should stand, which concern the introduction of a prohibition of accumulating functions to the optimum extent, in line with the solutions applied by the self-government of advocates. The aim of the article is not only to substantiate the necessity of these changes, but also to show how they should be made. This proposal can be implemented by amending the internal rules governing the self-government of attorneys-of-law, which should be treated as intra-corporate normative acts and only ultimately through legislative intervention. ; Artykuł dotyczy zagadnień organizacyjnych samorządów prawniczych zawodów zaufania publicznego w kontekście realizacji zasady incompatibilitas jako warunku sine qua non właściwego ich funkcjonowania i rzetelnej realizacji powierzonych im zadań publicznych. Przeprowadzona analiza dotyczy samorządów: adwokatów, radców prawnych, notariuszy, komorników, rzeczników patentowych i doradców podatkowych, z uwzględnieniem ich zróżnicowanej struktury oraz podstaw obowiązywania (ustawa lub/i akty prawa wewnętrznego) zakazu łączenia funkcji lub mandatów w organach tych samorządów zawodowych. W wyniku ...

A deliberately organised system of legal aid financed by the State was introduced in Poland under the Act of 5.8.2015 and is based on the cooperation between local government units and legal professional self-government, under supervision by the bodies of public government which finance this task. The legislature uses for this purpose the solutions that are already known in administrative law, i.e. contract for the performance of a public task, grant for the performance thereof, an agreement between local government units and bodies of legal professional self-government organizations, agreements with third parties providing a public service.

Self-governments of legal professionals give their opinions on draft legal acts as part of public consultations and cooperation with the Minister of Justice, based on statutory delegation. The most active in this respect is the self-governments of attorneys-at-law and advocates, to which drafts of all legal acts are being sent. To this end, specialized agencies have been created in these organizations, which carry out the statutory task of self-governments of legal professions to provide opinions on draft legal acts. Since 2016, comments on drafts submitted by legal profession self-governments have rarely been taken into account, and sometimes there is even no evidence for a more profound analysis thereof. This means that there is no reliable consultation, which undoubtedly affects the quality of law. This is the result of a fast and too much simplified legislative process that dominated the period of 2016–2018.