The civilian procedure revolution becomes a fact – the civilian Law Codification Commission has presented a draft alleged "repair law" to reconstruct standards and functionality to the civilian process, removing many controversial changes in fresh years. In the plan, among others, extended deadlines for appeal and complaint, restoration of collegiate ruling in appeal, liquidation of a separate consumer procedure, as well as increase of proxy rights. This is only the beginning – plans besides make a completely fresh code of civilian procedure.
Two weeks is not adequate – there will be a period for the appeal
One of the key changes proposed by the Commission is to extend the time limits for appeals and complaints. Currently, as Prof. Marcin Dziurda points out, these are the shortest deadlines in Europe: 2 weeks for appeal and a week for complaint.
– The proposal is that there should be a period for appeal and 2 weeks for complaint. This will make it easier for the parties to appeal, due to the fact that the two-week deadline is objectively besides short – explains Prof. Dziurd.
No more single-member ruling – collegiate compositions return
The Commission proposes to return to the collegiate judicial compositions at the second instance, but for simplified procedures with a value of up to PLN 20 thousand, where single-member ruling will remain. The draft besides provides for changes to complaints, with controversial provisions on ‘level appeals’ being repealed and the work to justify the provisions of the appeals issued at classified meetings restored.
Order after ‘great reform’ from 2019 to 2023
– These around 200 proposals for fast changes in regulations are mostly "cleaning up after the Law and Justice", says Prof. Wojciech Kocot, Vice-President of the Commission.
According to experts, the "great improvement of the civilian procedure" of 2019 did not produce the expected results. any of the solutions made the functioning of the judiciary more difficult. The Commission calls for the removal of the most problematic provisions, but points out that any of the institutions introduced at the time, specified as witnesses' statements in writing, will be retained, although with more detailed regulations.
Written statements stay with restrictions
The evidence from the evidence of witnesses in writing, which took place in practice, will not be eliminated. However, the Commission plans to clarify it in order to reduce abuse and keep transparency.
Consumer procedure disappears – the economy will wait
The draft "repair law" envisages the elimination of a separate procedure in cases involving consumers. As Prof. Dziurd emphasizes:
– This solution does not comply with the case law of the TEU in this respect, so this procedure is to be abolished in this "repair" law.
The liquidation of the economical procedure has besides been envisaged, but it has been moved to a later phase – it requires prior introduction of rules on the concentration of the procedural material.
More power of lawyer and no more fictitious apologies.
The procedural trustees will have the right to make and accept substantive statements straight related to the procedural activities, which will address the doubts in this regard. The Commission besides proposes to repeal Article 1050(4) K.p.c. which limits the execution of an apology if the organization has not fulfilled that obligation.
Less Transformations – Faster to Sentence
It is besides planned to limit the transformation of the proceedings, both subject-matter and subject-matter, which frequently lead to lengthy cases. In the Commission's view, reducing these opportunities will improve the way in which it is done and will let a quicker solution.
A fresh code? Yeah, but in a fewer years
As Prof. Marek Safjan points out, the current changes are only a transitional phase. The Commission's nonsubjective is to make a new, coherent code of civilian procedure to replace the present, repeatedly amended and illegible document.
– The Code of civilian Procedure requires extremist changes. He was severely strained through many amendments and became inconsistent, illegible and hard to use," says Prof. Safjan.
Prof. Karol Weitz is liable for the preparation of the fresh code. This work, as noted, will take respective years and will require extended environmental consultation.
In case of doubt, it is worth consulting a lawyer to avoid unnecessary disputes.
The information on the website is simply a description of the legal position at the date of publication and is not a legal advice on an individual case. The legal position of publication may change. The law firm is not liable for utilizing an alert to solve legal problems.
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New beginning for civilian procedure: 1 period for appeal, public sittings and no more single-member collections
