Cyfrowy zwrot w postępowaniu cywilnym - nowe przepisy o wnoszeniu pism procesowych za pośrednictwem portalu informacyjnego
The digital turn in civil procedure - new provisions on submitting pleadings through the court information portal
Author(s): Hanna FrąckowiakSubject(s): Civil Law, Public Administration, Law on Economics
Published by: Wydawnictwo Uniwersytetu Warmińsko-Mazurskiego w Olsztynie
Keywords: civil proceedings; digitalisation of the judiciary; court information portal; electronic service of documents; e-justice;
Summary/Abstract: The article is dedicated to the analysis of the amendment to the Code of Civil Procedure introduced by the Act of 5 August 2025 on the amendment of the Code of Civil Procedure, the Civil Code, and certain other acts, which introduces new provisions to civil proceedings, namely Articles 125¹ and subsequent, entering into force on 1 March 2026 and 1 March 2027, respectively. The aim of the study is to present the systemic significance of these regulations as a continuation of the process of digitising civil procedure, initiated by Article 131¹a of the Code of Civil Procedure, which has been in force since 14 March 2024. The article examines the ratio legis of the amendment, its legislative background, and the fundamental normative assumptions related to the introduction of the possibility to file procedural documents via the court information portal. The analysis includes the scope of the new obligations, the rules for submitting and serving documents, the significance of transitional provisions, and the planned process of phased implementation of IT solutions within the judiciary. The author highlights that the new provisions constitute a significant development of the idea of unified electronic communication between the court and participants in proceedings, and their introduction aligns with the long-term strategy for building a digital judiciary. At the same time, the article underscores practical challenges and implementation issues, particularly concerning the security and stability of IT systems, the need to adapt court office practices, and the risk of inconsistent judicial application of the new regulations. In conclusion, the digital turn in civil proceedings is characterized by procedural, institutional, and cultural dimensions. It represents not only a technical modernisation of procedure but also a transformation of the operational model of the judiciary. The effectiveness of this reform will depend on the harmonious interaction of legal, organisational, and technological solutions, as well as on the degree of acceptance of the new tools by participants in proceedings.
Journal: Kortowski Przegląd Prawniczy
- Issue Year: 2025
- Issue No: 4
- Page Range: 101-111
- Page Count: 11
- Language: Polish
