Request for the reasons for judgment as a form of the right to a court Cover Image

Wniosek o sporządzenie uzasadnienia wyroku jako forma realizacji prawa do sądu
Request for the reasons for judgment as a form of the right to a court

Author(s): Marta Kulikowska
Subject(s): Law, Constitution, Jurisprudence
Published by: Instytut Nauk Prawnych PAN
Keywords: reasons for judgment; right to a court

Summary/Abstract: The paper analyses the right to a court in the context of the right to reasons for judgment. In the proceedings before the administrative courts in cases, in which the complaint has been dismissed, reasons for judgment shall be given at the request of a party filed within seven days from the day of pronouncement of the judgment or delivery of a transcript of its operative part of the judgment.Reasons for the judgment of the court of first instance is necessary to appeal against this judgment. However, the courts often refuse to prepare it. The courts state that the request for reasons has not been submitted in time-limit prescribed by law. The parties often fail to meet the time-limit, because of misunderstanding of court’s instructions. Those instructions are given on the standard form, together with the information about the date of the hearing. The standard form is not clear and do not precisely show the correct way of party’s behavior.The paper postulate that it could be remedied by establishment of clear rules of conduct.

  • Issue Year: 200/2014
  • Issue No: 4
  • Page Range: 159-172
  • Page Count: 14
  • Language: Polish
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