Object

Alternative title:

The legal and constitutional status of the prosecutor's office and prosecutors in the axiological system of the Council of Europe and its impact on the political practice of member states

Abstract:

The author analyzed the legal status of the prosecutor's office and prosecutors in the axiological system of the Council of Europe and the impact of this organization on the political practice of member states. In Chapter 1, she presented the characteristics of the legal status of the prosecutor's office and prosecutors. In Chapter 2, the subject of the analysis is the legal status of the prosecutor's office and prosecutors in the axiological system of the Council of Europe. Chapter 3 presents the mechanisms for implementing the Council of Europe standards regarding the legal status of the prosecutor's office and prosecutor's offices into the political practice of the Member States. Chapter 4 shows the effects of the Council of Europe's influence on the political practice of the Member States in relation to the legal status of the prosecutor's office and prosecutors against the comparative background of the influence of other European organizations. The work is interdisciplinary in nature. The author used the following research methods: legal-dogmatic, legal-comparative, historical and systemic analysis. The process of verifying the research hypotheses made it possible to notice the general rule that the Council of Europe, through its instruments of the nature of "hard law, and especially "soft law", significantly influences the shape of the institution of the prosecutor's office included in the constitutions and legislation of the Member States. This process was especially visible in member states of Central and Eastern Europe that entered the path of democratic development after 1989. The instruments at the disposal of the Council of Europe turned out to be extremely useful in this process, especially the jurisprudence of the European Court of Human Rights, the recommendations of the Committee of Ministers, the opinions of the Venice Commission and the Consultative Council of European Prosecutors (CCPE). The approximation of the policies of the Member States and the broadening of the acceptance of international standards may lead to the development of a uniform, legally binding standard in this area in the future.

Additional notes:

Streszcz. ang. Zawiera bibliografię

Identifier:

oai:bibliotekacyfrowa.ujk.edu.pl:13458

Computer catalogue:

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Language:

pol

Degree name:

doktor

Date obtained:

29.09.2025

Degree grantor:

Uniwersytet Jana Kochanowskiego w Kielcach

Supervisor:

Jaskiernia, Jerzy (1950- )

Reviewer:

Grabowska, Sabina  ; Zaleśny, Jacek Paweł Bisztyga, Andrzej

Field:

Dziedzina nauk społecznych

Scientific disciplines:

Nauki prawne

Faculty:

Wydział Prawa i Nauk Społecznych

Type:

rozprawa doktorska

Access rights:

tylko w Oddziale Informacji Naukowej

Publication status:

niepublikowana