SKŁAD SĄDU DRUGIEJ INSTANCJI W POSTĘPOWANIU CYWILNYM
SECOND INSTANCE COURT’S BENCH COMPOSITION IN CIVIL PROCEEDINGS
Author(s): Aneta ŁazarskaSubject(s): Law, Constitution, Jurisprudence, Constitutional Law, Criminal Law, Civil Law, International Law, Administrative Law
Published by: Oficyna Wydawnicza Uczelni Łazarskiego
Keywords: bench composition; one-person composition; collective composition; judicial independence; order of the president; invalidity of the composition; validity of the proceedings
Summary/Abstract: The aim of the article is to discuss the effects of the amendment to the Code of Civil Procedure introduced by the Act of May 28, 2021. in the scope of changing the bench composition of the court in appeal proceedings. The new solutions are controversial and in some respects interfere with the independence of judges. By reversing the principle of collegial composition in favor of one-person composition, there were insufficient guarantees for the continuation of the so-called unchanged composition of old cases, which may violate the principle of unchanged composition. Second, by entrusting only the administrative factor to the president of the court, deciding on the composition of the court did not provide sufficient guarantees for the respect of judicial independence.
Journal: Ius Novum
- Issue Year: 16/2022
- Issue No: 2
- Page Range: 130-151
- Page Count: 22
- Language: Polish