Notarialny nakaz zapłaty – w stronę prywatyzacji wymiaru sprawiedliwości
Notarial Order for Payment – Towards Privatisation of Justice

Summary/Abstract: Courts have the exclusive right to administer justice to ensure the protection of individuals andtheir rights against the arbitrariness of state authorities. The principle of judicial administrationof justice is of paramount importance for the guarantee of the rule of law and the protection ofcitizens’ rights and freedoms. The right to a fair trial does not exclude the possibility of referringa case to an entity other than a court in the constitutional sense, but it is necessary to create appropriatemechanisms for judicial review of the correctness and legitimacy of the actions taken.Contemporarily, questions are being raised about the admissibility and legitimacy of delegatingpowers traditionally vested in courts, including the adjudication of civil cases under theconstruction of reverse litigation, to other entities. It is proposed that the competency to issueorders for payment should be granted to notaries. The empowerment of notaries to performacts that are structurally equivalent to court rulings, in extrajudicial proceedings, raises seriousdoubts. The assessment necessary for the issuance of an order for payment is conditioned bythe need to establish the merits of the claim. The notary cannot be seen as an authorized organin civil proceedings and the actions undertaken by him/her are not procedural in nature. However,the outcome of actions taken with the participation of a notary would be the same as theeffect of recognition of the case. The proposed solutions collide with the norm of art. 45 of theConstitution of the Republic of Poland, which guarantees everyone the right to a fair and publichearing without undue delay by a competent, independent, impartial, and autonomous court.

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