TY - JOUR
TI - On the unconstitutionality of the remuneration policy for attorneys-at-law who provide ex-officio legal aid
AU - Florczak-Wątor, Monika
TI - On the unconstitutionality of the remuneration policy for attorneys-at-law who provide ex-officio legal aid
AB - 
	The paper discloses the reasons why the principles of remunerating attorneys-at-law who provide legal aid ex officio do not meet constitutional standards as well as indicates the resulting legal consequences. The author concludes that differentiating the remuneration of attorneys-at-law appointed by a party to the proceedings and attorneys-at-law appointed by the court for the same activities undertaken as part of the legal aid provided is unconstitutional, especially in the light of the conclusions resulting from the analysis of the judgement of the Constitutional Tribunal of 23 April 2020, file ref. SK 66/19. The paper also interprets the possible ways of removing the aforementioned unconstitutionality in the process of judicial application of the law, which may be significant before the compliance with the Constitution of the principles for remuneration of attorneys-at-law providing ex officio legal aid will be ensured by the legislator. 
VL - 2022
IS - 2 (31)
PY - 2022
SN - 2392-1943
C1 - 2720-3670
SP - 147
EP - 160
DO - 10.4467/23921943RP.22.024.16887
UR - https://ejournals.eu/en/journal/radca-prawny/article/o-niekonstytucyjnosci-zasad-wynagradzania-radcow-prawnych-swiadczacych-pomoc-prawna-z-urzedu-i-wynikajacych-z-tego-skutkach-prawnych
KW - fee
KW - unconstitutionality
KW - attorney-at-law
KW - ex officio assistance
KW - litigation