Polish civil procedure: yesterday, today nad tomorrow-Some remarks about recent changes of procedural law in poland

Authors

  • Piotr Rylski University of Warsaw, Faculty of Law and Administration

DOI:

https://doi.org/10.46282/blr.2019.3.1.136

Keywords:

civil procedure, electronic pleadings, extraordinary complaint, Code of Civil Procedure, amendments, reform of procedural law

Abstract

Polish civil procedural law is still the subject of numerous legislative changes. Only in recent years the Code of Civil Procedure has been amended over 30 times. These changes resulted from various reasons. Firstly, from the need of implementation of EU procedural law. Secondly, they were the result of the introduction of provisions aimed at adapting the code to modern technologies. Thirdly, changes aimed at speeding up the hearing of a civil case and at introducing some instruments to strengthen the protection of public interest in judicial proceedings. This article focuses on three selected examples and presents the discussion of the disputable issues that they have already arisen. Firstly, the topic of electronic process activities. It presents electronic pleadings, electronic delivery in trial, electronic judicial protocol and the possibility of presenting grounds of judgment in electronic form. Secondly, the new institution of a judgement rendered at closed session (in camera) was discussed. Thirdly, the article describes a new extraordinary complaint against final judgement, which can challenge any !nal judgment of a common court as a result of a prosecutor’s or other public-interest entity’s initiative.

References

ERECINSKI T. Civil Procedure. In Introduction to Polish Law. FRANKOWSKI, T. (ed.) Hague: Kluwer Law International, 2005, pp. 117 – 152.

GOLAB A. New rules regarding the concentration of procedural material. Available at <http://polishprivatelaw.pl/ new-rules-regarding-the-concentration-of-procedural-material-in-the-polish-code-of-civil-procedure/> [q. 2019-02-10]

KAWANO M. Electronic Technology and Civil Procedure – Applicability of Electronic Technology in the Course of Civil Procedure. In KENGYEL, M. Electronic Justice – Present and Future. Colloquium of the IAPL, Pecs, 2010, 356 p. https://doi.org/10.1007/978-94-007-4072-3_1 DOI: https://doi.org/10.1007/978-94-007-4072-3_1

KULSKI R. Some Remarks on the Course of Polish Electronic Proceedings by Writ of Payment. In KENGYEL, M. Electronic Justice – Present and Future. Colloquium of the IAPL, Pecs, 2010, 356 p.

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Published

30-06-2019

How to Cite

Rylski, P. (2019). Polish civil procedure: yesterday, today nad tomorrow-Some remarks about recent changes of procedural law in poland. Bratislava Law Review, 3(1), 139–146. https://doi.org/10.46282/blr.2019.3.1.136

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