„Nie mnożyć bytów ponad potrzebę”. O władzy sędziego na przykładzie postępowań odrębnych
“Do not Multiply Entities beyond the Need”. On the Power of the Judge on the Example of Separate Proceedings

Summary/Abstract: The faulty definition in the political and social consciousness of the category under the nameof “efficiency of court proceedings” and the weak constitutional position of the judiciary hasbecome, inter alia, a trap for the direction of the evolution of the structure of Polish civil proceedings.The solution, which, according to the reformers, is supposed to provide the procedurallaw with a quick response to changes in the needs of justice system stakeholders, becamefrequent amendments of the regulations and their increasingly casuistic wording. The legislatoridentified modernization with a continuous, normative expansion of the construction of thecivil process. One of its elements is the increase in the number and scope of separate proceedings.Their status also affects the principle of judicial management of proceedings. This is due tothe fact of treating the diversification of the courts’ rights and obligations as a necessary componentof many separate proceedings. This circumstance, in turn, results in an unreasonablefragmentation of the judge’s powers and duties. It does not ensure a better adaptation of thelaw to the dynamics and diversity of its environment but is counterproductive. Also, many otherexperiences of judicial practice speak in favor of a paradigm shift responsible for the methodsof regulating the judge’s activity in the process. Without detriment to procedural guaranteesand to the benefit of the functionality of the proceedings in each case, the detailed content ofmany norms of the current Code of Civil Procedure can be replaced by a group of standards withuniversal properties. One of the arguments in support of this postulate is a review of the rightsand obligations of the judge in separate proceedings, carried out from the perspective of therole assigned to the principle of judicial management of civil proceedings.

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