Humanities and Social Sciences (Mar 2024)

THE SUPERVISING RIGHTS OF THE MINISTRY OF JUSTICE OVER THE PROFESSIONAL SELF-GOVERNMENT OF ATTORNEYS-AT-LAW AS AN EXAMPLE OF PARTICULAR FORMS OF PUBLIC MANAGEMENT

  • Natalia SZWAJCZAK

DOI
https://doi.org/10.7862/rz.2024.hss.13
Journal volume & issue
Vol. 31, no. 1
pp. 187 – 199

Abstract

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Public management is a discipline of science derived from management, legal, and political sciences. It addresses activities that ensure effective management of organized action of people aimed at creating public value and realizing the public interest in the process of rendering public services. One form of public management is ministry supervision over the professional self-government of attorneys-at-law, ensuring legality and serving the public good. One essential means of supervision in this area is opposition by the Ministry of Justice to a resolution of the council of a district chamber of attorneys-at-law on registration on the list of attorneys. Using the methods of dogmatic analysis and a jurisprudence survey, the author presents the ways of interpreting the legal provisions concerning the subject-matter opposition and the evolution of opinions formulated in this respect over the last few dozen years. The article aims to show how a strict interpretation of the concrete rights of a supervising organ influences the restrictions on supervising interference in the sphere reserved for the competencies of professional self-government – an entity of its essence autonomous and independent.

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