Projekt stanowiska Sejmu w sprawie pytania prawnego (sygn. akt P 39/10), dotyczącego ustawy z dnia 17 listopada 1964 r.- Kodeks postępowania cywilnego
Draft position of the Sejm on the question of law concerning the Code of Civil Procedure Act of 17 November 1964.

Summary/Abstract: The subject matter of questions of law submitted to the Constitutional Tribunal under a common reference number (P 39/10) is Article 50530 para. 1 of the Code of Civil Procedure Act of 17 November 1964 (Dziennik Ustaw No. 43, item 296 with amendments). The objections raised by the referring court relate to the law clerk’s authority in relation to electronic writ of payment proceedings. The main concern raised by the Author is whether the prerequisite determining the admissibility of referring a question of law to the Tribunal is met. Considering the circumstances, it seems that even without Tribunal’s adjudication, the court may still decide on a case. Thus, it is essential to consider the admissibility of the substantive decision on the issue. The referring court questions the provision authorizing the law clerk to function in electronic writ of payment proceedings including issuing a decision to hand over the case to a court based on its general competence, saying it infringes Article 175 of the Constitution of the Republic of Poland according to which the administration of justice is implemented by courts only. In the author’s opinion, the referring court has mistakenly identified the legal protection carried out by the law clerk with administering justice as such. Therefore, Sejm has rejected the complainant’s claims of the questioned Act being unconstitutional.

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