SKARGA NA ORZECZENIE REFERENDARZA SĄDOWEGO ORZEKAJĄCEGO W SĄDZIE DRUGIEJ INSTANCJI W ŚWIETLE STANDARDÓW KONSTYTUCYJNYCH
APPEAL AGAINST A JUDICIAL CLERK'S DECISION IN A SECOND-INSTANCE COURT IN LIGHT OF CONSTITUTIONAL STANDARDS

Summary/Abstract: The article focuses on the issue of appealing decisions made by judicial clerks in second-instance courts regarding constitutional standards, especially the right of access to court and the right to appeal first-instance decisions. This problem is analyzed mainly through a critical examination of the case law of the Constitutional Court and common courts, as well as the views of legal scholars considering the position of a judicial clerk as a special type of highly qualified court official. As a result of these considerations, it may be concluded that the appealability of decisions issued by court clerks should be determined differently from the appealability of similar decisions issued by second-instance courts, as otherwise the right of access to court might be infringed.

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