Principles of Appealing Judgments and the Protection of Individual Rights in Civil Proceedings Cover Image

Zasady zaskarżania orzeczeń a ochrona praw jednostki w postępowaniu cywilnym
Principles of Appealing Judgments and the Protection of Individual Rights in Civil Proceedings

Author(s): Agnieszka Góra-Błaszczykowska
Subject(s): Law, Constitution, Jurisprudence
Published by: Wydawnictwo Uniwersytetu Gdańskiego
Keywords: civil procedure; rules of procedure; human rights; right to a fair trial; protection of human rights

Summary/Abstract: The Author has assumed that the rules of appealing judgments are those relating exclusively tothis stage of the proceedings and not applicable at other stages of the proceedings. The narrowingof the catalogue of rules for appealing judgments is important from the point of view of theprotection of individual rights, as it ensures the predictability of the court’s procedural actionstriggered by the lodging of an appeal or even the very announcement of its lodging.This protective function of any party affected by a judgment, even if it is favorable to them,is very important. The party must have a basis for predicting whether there is any legal remedyagainst the decision issued in his/her case, what kind of measure it is and within what time limitit may be brought. This allows to predict the behavior of the litigant and, of course, the courtwhich will consider such a measure.A serious impediment to the protection of the rights of the parties and other entities whoselegal situation is affected by the ruling is the very extensive catalogue of extraordinary means ofappeal in the Polish civil procedure. Such a situation does not have a positive impact on the protectionof the rights of an individual in civil proceedings, raising serious concerns about the temporarinessof the solution of their legal problem by means of a court decision.

  • Issue Year: 1/2023
  • Issue No: 58
  • Page Range: 75-94
  • Page Count: 20
  • Language: Polish