Konstytucyjne prawo do sądu „każdego” a przymus adwokacko-radcowski w sprawie skargi kasacyjnej w postępowaniu przed Sądem Najwyższym
The Constitutional Right to a Fair Trial for “Everyone” and the Obligatory Assistance of an Advocate or Legal Advisor in the Case of Cassation Appeal in the Supreme Court of the Republic of Poland

Summary/Abstract: This paper takes up the idea of the constitutional right to a fair trial for “everyone” and the obligatory assistance of an advocate or legal advisor in the case of cassation appeal in the Supreme Court of the Republic of Poland. Earlier Polish constitutions did not recognise the right to a fair trial, this has been recognized since 1997 however. This right applies to all persons – both Polish citizens, and visitors from other countries. It is necessary to improve the obligatory assistance of an advocate or legal advisor in the case of cassation appeal in the Supreme Court with the right to a fair trial and to answer the question: does the obligatory assistance restrict the right to a fair trial? This paper also describes the tasks for advocates and legal advisors when they wish to represent theirs customers in the Supreme Court.

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