In an era of public debate about the desirability of introducing the office of a magistrate, this work is tempted to present several aspects of this judicial institution. Starting with the definition of a magistrate, a brief outline of the history of this judicial office in Poland provides the basis for the presentation of the author’s thoughts and knowledge, who shares his ideas on the shape of the institution under discussion. It is worth mentioning that the author has been a justice of the peace in Canada since 1993, and before that was a judge of district courts and a provincial court in Poland. The concept of the work is based on spelling out the legal framework that would have to define how the courts (magistrates) are appointed, dismissed and placed in the structure of the judiciary. According to the author, the office of a magistrate should provide access to an independent court in accordance with the Constitution, the Charter of Fundamental Rights of the European Union and the European Convention for the Protection of Human Rights and Fundamental Freedoms. This is because a citizen has the right to a fair public hearing, which also must not be unreasonably protracted. If magistrates’ courts are established in Poland, they should meet these criteria.
The work analyzes two ways of appointing magistrates. The author refers to the idea contained in the presidential draft of the relevant law, namely the election of magistrates for 6-year terms, as well as the possibility of appointing them by appointment. It also outlines the criteria to be met by a candidate for the position, as well as the scope of cases delegated to magistrates. For comparative purposes, the scope of the substantive jurisdiction of magistrates in Canada is described. Statistics were also provided, showing the extent to which the appointment of magistrates would relieve the burden on district courts.