Standard ochrony procesowej w postępowaniu odrębnym w sprawach gospodarczych na gruncie poprzedniego i aktualnego stanu prawnego
Standard of Procedural Protection in Separate Proceedings in Commercial Cases Under the Previous and Current Legal Status

Summary/Abstract: This paper will first signal the problem of the recognition of economic matters in the Polish systemof civil procedural law in historical terms and the genesis of the introduction of proceedingin economic matters into this system (in 1989), followed by the reasons for its abolition in 2012and its reintroduction in a modified form in 2019. Further considerations will seek to answer thequestion of the advisability of reintroducing and continuing to operate separate proceedingsin economic matters. It seemed that by abolishing these proceedings as of 3 May 2012, thelegislator had clearly indicated the direction of further changes – i.e. the need to minimise thenumber of separate trial proceedings and thus ensure the uniformity of the civil trial (and thusunify the standard of procedural protection in the civil trial). Meanwhile, the reinstatement ofproceedings in economic matters, but also the introduction of new separate proceedings (e.g.proceedings in intellectual property matters and proceedings involving consumers), indicatesa completely different direction of the legislator. Once again, an attempt should therefore bemade to answer the question of whether a reliable handling of economic matters is not possiblein „ordinary” procedural proceedings, while maintaining the principle that these cases are heardin the commercial divisions (commercial courts) functioning within the ordinary judiciary. Atthe same time, it will be an attempt to answer a more general question of the justification fordifferentiating the standard of procedural protection not only in terms of the objective criterion,but also on the basis of the subjective criterion by creating separate procedural proceedings, aswell as within those proceedings.

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