The Problem of the Independence of Justices of the Peace

The judiciary undoubtedly requires reforms that will contribute to the improvement of its effectiveness.  Establishing the institution of justices of the peace, in accordance with the drafters' assumptions, is to contribute to the improvement of the operation of common courts. In the opinion of the drafters of the acts establishing this institution, the judiciary administered by justices of the peace may, in the public opinion, work better, and the judgments issued by them will be more socially accepted. The establishment of justices of the peace requires that their independence be guaranteed. The aim of the article is an attempt to answer the question whether the proposed judicial model of justices of the peace complies with the principle of judicial independence. Bearing in mind that one of the projects to restore the institution of justices of the peace includes the possibility of exercising this function by persons who may not have a legal education, or even having one, do not have a legal experience, it is highly doubtful that they can interpret the law properly on their own. Even if justices of the peace only judge in minor cases, judges without knowledge of the law and judicature will not be able to work effectively, which will directly affect the purposefulness of the proposed reform. The guarantee of judicial independence is also the irremovability of a judge from office. On the other hand, according to the presented proposals, justices of the peace are to be elected and perform their functions for terms of office, which undoubtedly does not contribute to the implementation of the indicated guarantee. Doubts are also raised because of the group of entities that can propose candidates for justices of the peace, and thus the very apolitical nature of justices of the peace. Correct construction of the institution of justices of the peace is not possible without taking into account the elements that make up the principle of judicial independence, otherwise it would be difficult to talk about their proper administration of justice.

The judiciary undoubtedly requires reforms that will contribute to the improvement of its effectiveness.  Establishing the institution of justices of the peace, in accordance with the drafters' assumptions, is to contribute to the improvement of the operation of common courts. In the opinion of the drafters of the acts establishing this institution, the judiciary administered by justices of the peace may, in the public opinion, work better, and the judgments issued by them will be more socially accepted. The establishment of justices of the peace requires that their independence be guaranteed. The aim of the article is an attempt to answer the question whether the proposed judicial model of justices of the peace complies with the principle of judicial independence. Bearing in mind that one of the projects to restore the institution of justices of the peace includes the possibility of exercising this function by persons who may not have a legal education, or even having one, do not have a legal experience, it is highly doubtful that they can interpret the law properly on their own. Even if justices of the peace only judge in minor cases, judges without knowledge of the law and judicature will not be able to work effectively, which will directly affect the purposefulness of the proposed reform. The guarantee of judicial independence is also the irremovability of a judge from office. On the other hand, according to the presented proposals, justices of the peace are to be elected and perform their functions for terms of office, which undoubtedly does not contribute to the implementation of the indicated guarantee. Doubts are also raised because of the group of entities that can propose candidates for justices of the peace, and thus the very apolitical nature of justices of the peace. Correct construction of the institution of justices of the peace is not possible without taking into account the elements that make up the principle of judicial independence, otherwise it would be difficult to talk about their proper administration of justice.