Decision-making on assigning the case to another panel or court pursuant to § 262 of the Criminal Code in the light of the jurisprudence of the Constitutional Court
2022
Abstract
The right to a legal judge expresses the equal status of everyone before the law and the court, and at the same time a categorical prohibition to determine the jurisdiction of the court otherwise than by law. Any arbitrary ad hoc determination of a judge or judges to deal with individual cases is prohibited by the Charter and prevents influencing the court proceedings and its outcome.
The principle of a legal judge is one of the guarantees of independent and impartial judicial decision-making in a democratic legal state. It represents the attribute of judicial independence, ensured by the permanent appointment of a judge, his irrevocability and, without the judge's consent, non-transferability to another court.