Michał Mistygacz
Przegląd Konstytucyjny, Numer 3 (2021), 2021, s. 91 - 120
Accountability as a Form of Optimizing the Public Prosecutor’s Liability
The subject of this article is the analysis of the prosecutor's liability from the point of view of accountability, based on the criteria of effectiveness and efficiency. There is no doubt that the individual accountability of the public prosecutor is strongly determined by the organizational framework of the prosecutor's office and the level of the granted independence of the prosecutor. In order to implement the postulated changes leading to an increase in the efficiency of the functioning of the prosecutor's office, it is necessary to develop indicators for periodic evaluation of the prosecutor's work. Only the adoption of individual evaluation criteria for each prosecutor will ensure the transparency of the institution's work, strengthen the independence of prosecutors (by introducing clear and precise criteria for professional promotion) and contribute to increasing public confidence in the public prosecutor's office.
Michał Mistygacz
Przegląd Konstytucyjny, Numer 1 (2022), 2022, s. 69 - 94
https://doi.org/10.4467/25442031PKO.22.003.15729The article concerns the dilemmas of legitimising power in Poland, based both on the contemporary achievements of theoreticians and on a discussion of the realities of the political system in Poland. The analysis focuses on the assumption that, on the one hand, the legitimation of power is its recognition as legal, operating on the basis of applicable legal norms, and on the other, the recognition that a specific power has social grounds for having the rule. The legitimacy of power in Poland is based on the authoritarian experiences before 1989, the democratic transformation, and the crisis of constitutional democracy after 2015. The discussion is based on a reference to Montesquieu’s division of powers and an analysis of the legitimacy of the legislature, the executive, and the judiciary.