KIELTYKA GLADKOWSKI took part in expert contribution about cross border aspects of the rule of law

Publication date: August 03, 2024

Due to active involvement in Private Client specialization, the lawyers of KIELTYKA GLADKOWSKI took part in expert contribution about cross border aspects of the rule of law, access to justice system by individuals, publicly funded legal aid for individuals, and alternative civil justice mechanisms in Poland, organized by the key organization World Justice Project within World Justice Project EuroVoices.

The targeted interview conducted by the experts from the World Justice Project took place on 15 July 2024.

The specific questions and areas covered in the detailed interview concerned:

World Justice Project EuroVoices

Perceptions and experiences on the rule of law from legal experts and the public in the EU

The World Justice Project EuroVoices is a comprehensive and granular picture of the state of democratic governance, fundamental rights, justice, healthy business climate, and control of corruption in 110 regions across the 27 European Union (EU) Member States. It is based on the perspective of people living there.

Indicators are calculated using original survey data from two sources:

• Expert Scorecard: Surveys to more than 7,600 local legal experts.

• People’s Voices: Household surveys to a representative sample of more than 63,000 respondents.

World Justice Project EuroVoices provides a significant opportunity to enrich policies and complement rule of law frameworks and decision-making processes at national and local levels in the EU. This data can support sustainable development, fostering a fair and just world. The target audience is policymakers, decision-makers, civil society organizations, academia, the media, the private sector, and others interested in justice, governance, and rule of law data in the EU at the national and subnational levels.

The project will deliver graphical reports featuring summary statistics, an interactive data website, as well as supportive communication materials, which will be launched in September 2024. 110 regions: The WJP is analyzing 110 subnational regions across the 27 EU Member States using the NUTS classification (Nomenclature of territorial units for statistics). Given the diversity of institutional design across the EU, the questionnaires focus on outcomes experienced by individuals, with the understanding that these outcomes are generated by their interaction with a complex network of institutions at the local, national, and supranational levels.

About the World Justice Project:

The World Justice Project (WJP) is an independent, multidisciplinary organization working to advance the rule of law worldwide. As a leading source of original rule of law data and research, our products are used to advance rule of law reform and business investments around the globe at national, regional, and local levels.

One of WJP’s flagship publications is the WJP Rule of Law Index®, a rigorous quantitative tool that evaluates and ranks 142 countries and jurisdictions across key rule of law indicators. The WJP Rule of Law Index® and the World Justice Project EuroVoices are complementary to each other. World Justice Project EuroVoices is funded by the European Commission’s Directorate General for Regional and Urban Policy (DG REGIO).

World Justice Project EuroVoices – INDICATORS

• The World Justice Project EuroVoices indicators are organized into three thematic chapters: (I) Justice and Safety, (II) Democratic Governance and Fundamental Rights, and (III) Corruption, Transparency, and Enabling Legal Environment for Businesses.

• This framework was designed building upon the tested and proven methodologies of the WJP Rule of Law Index (which includes data for 142 countries) and the WJP Mexico States Rule of Law Index (which measures rule of law in Mexico’s 32 states), with adaptations to reflect the institutional architecture in the EU. During the design phase of this project, the WJP team benefited from consultations with experts from different sectors.

• Indicators are calculated using original survey data from more than 7,600 local legal experts (“Expert Scorecard”) and 63,000 respondents from the general population (“People’s Voices”).

• The WJP team reviewed these scores against quantitative and qualitative third-party sources. Furthermore, the team will conduct a series of in-depth expert interviews to complement and contextualize the data.

I. Justice and Safety

7. Civil justice

7.1 Legal capability

7.2 Access to legal aid and representation

7.3 Accessible, appropriate, and timely dispute resolution

7.4 Impartial and independent dispute resolution

7.5 Outcome-oriented and effective dispute resolution

7.6 Alternative civil justice mechanisms

8. Criminal justice

8.1 Effective and impartial criminal investigation

8.2 Effective and impartial prosecution and pre-trial proceedings

8.3 Effective and impartial criminal adjudication

8.4 Alternative criminal justice mechanisms

8.5 Victims’ rights

8.6 Due process of law

8.7 Rights of persons deprived of liberty

5. Safety

5.1 Safety perceptions (only informed by household survey)

5.2 Witnessing of violent behavior (only informed by household survey)

II. Democratic Governance and Fundamental Rights

1A. Independent checks

1.01 Legislative oversight

1.02 Judicial independence

1.03 Independent oversight

1.04 Independent prosecution

1.05 Free, fair, and secure elections

1.06 Non-governmental checks

1B. Government respect for independent checks

1.07 Government respect for the constitution and political opponents

1.08 Government respect for judicial independence

1.09 Government respect for independent oversight

1.10 Government respect for independent prosecution

1.11 Government respect for the electoral system

1.12 Government respect for civil liberties

3B. Civic Engagement

3.2 Civic Engagement

4. Fundamental Rights

4.01 Prohibition of torture and inhuman treatment

4.02 Prohibition of slavery and forced labor

4.03 Freedom of thought, conscience, and religion

4.04 Freedom of peaceful assembly and association

4.05 Freedom of opinion and expression

4.06 Right to property

4.07 Right to asylum

4.08 Equality before the law

4.09 Workers’ rights

4.10 Right to vote and to stand as a candidate at elections

4.11 Right of access to documents

4.12 Right to petition

4.13 Right of movement and of residence

4.14 Due process of law

III. Corruption, Transparency, and Enabling Legal Environment for Businesses

2. Control of corruption

2.1 Absence of bribery

2.2 Absence of graft

2.3 Absence of embezzlement

2.4 Absence of favoritism

2.5 Absence of corrupt electoral practices

3A. Transparency and access to information

3.1 Transparency and access to information

6. Enabling legal environment for businesses

6.1 Simple, predictable, and timely administrative procedures for businesses

6.2 Regulatory enforcement

6.3 Civil justice