Legal and Historical Perspective on Public Character of Cassation Complaint in Polish Civil Procedure
Legal and Historical Perspective on Public Character of Cassation Complaint in Polish Civil Procedure

Summary/Abstract: The text discusses the problem of mandatory representation by a lawyer as one of the legal solutions that are crucial for access to courts. The starting point for the author’s deliberations is the analysis of the institution of legal aid of a professional representative in litigation, which – along with other constructions – constitutes a guarantee of effective implementation of the right to court in civil matters. Against the background of these considerations, the author presents the construction of mandatory representationby a lawyer in the Polish legal system, with particular emphasis on its subjective and objective scope. These considerations are complemented by de lege ferenda conclusions, relating, among other things, to projects considered in the Polish doctrine concerning the extension of the scope of application of mandatory representation to proceedings before the court of second instance. The text offers an overview of the evolution of cassation in Poland and its historical background from the 19th century until the present time. The author argues that consistently conducted transformation of the Polish cassation system has changed the perception of cassation which was widely spread after the political transformation of 1989. She points out that such elements as: the procedure of preliminary selection of cases, absolute compulsory representation by an attorney or legal advisor, and the exclusive use of cassation grounds indicated in the Code of Civil Procedure exert an impact on the accessibility of a cassation complaint. She demonstrates a far-fetching evolution of this appellate measure over the years, considering the fact the beginning of its function was quite the opposite.

• Details
• Contents