Sejm draft position on case ref. no. SK 37/14 concerning the Act of 17 November 1964 – The Code of Civil Procedure (WPTK-2689/14) Cover Image

Projekt stanowiska Sejmu w sprawie o sygn. akt SK 37/14
Sejm draft position on case ref. no. SK 37/14 concerning the Act of 17 November 1964 – The Code of Civil Procedure (WPTK-2689/14)

Author(s): Agnieszka Tomaszewska
Subject(s): Law, Constitution, Jurisprudence
Published by: Kancelaria Sejmu
Keywords: costs; civil procedure; Constitutional Tribunal

Summary/Abstract: This draft position of the Sejm concerns the constitutional complaint of 22 April 2013. In the proposed draft position the author claims that the contested Article 102 of the Code of Civil Procedure, insofar as it does not impose on the Treasury an obligation to reimburse the opponent’s costs of the proceedings that have not been awarded from the losing party, is in compliance with Article 45 para. 1 of the Constitution. Proceedings to examine the compatibility of Article 102 of the Code of Civil Procedure with Article 2, Article 32 of the Constitution should be discontinued pursuant to Article 39(1)(1) of the Constitutional Tribunal Act of 1997 in conjunction with Article 134(3) of the Constitutional Tribunal Act of 2015 due to the inadmissibility of the judgment.

  • Issue Year: 2016
  • Issue No: 3
  • Page Range: 207-231
  • Page Count: 25
  • Language: Polish