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In
October 2000, Project Poland is co-hosting a conference entitled
Advancing Poland's Judiciary: Efficiency and Independence
(in Polish, "Sprawne zarzadzanie sadami w Polsce"). The conference
activities will took place from October 17 - October 21 in Warsaw,
Lublin, and Poznan. The conference was jointly sponsored and organized
by the Chicago-Kent College of Law's Project Poland, the Chicago
Office of the Consul General of the Republic of Poland, Poland's
Ministry of Justice, and Iustitia, the Polish Association of Judges.
The
American participants included: Judge Barbara J. Disko, Circuit Court
Judge, Cook County; Judge Francis A. Gembala, Associate Judge, Circuit
Court Cook County; Bettina Gembala, Associate Clerk for Court Operations;
Judge Thaddeus Kowalski, Associate Judge, Circuit Court Cook County;
and Aurelia Pucinski, Clerk of the Circuit Court.
The
need for efficiency
Justice
delayed is justice denied. For this reason alone, efficiency is
important in a court system, and technology now offers many new
ways to make the legal system more efficient. Efficiency is a particularly
important concern for Poland’s judiciary. Poland’s transition to
a free-market economy has generated an unprecedented number of legal
cases filed with the courts. At the same time, many judges left
the judiciary for attractive jobs in the private sector, and funding
considerations have made it difficult to increase the number of
judges to an adequate level.
The
need for independence
An
independent impartial judicial is a cornerstone of the rule of law.
Independence and efficiency can, however, conflict, and they have
come into conflict in Poland. Polish judges are independent and
impartial in adjudication; however, they are dependent administratively
and financially on the Ministry of Justice, and, to achieve greater
efficiency through even greater control of the courts, the Ministry
of Justice has prepared a draft of a law that provides for greater
administrative control of the court system.
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