Overview of the decisions of the Polish Supreme Court Cover Image

Przegląd orzecznictwa Sądu Najwyższego (za okres listopad 2023–grudzień 2023)
Overview of the decisions of the Polish Supreme Court

Author(s): Kacper Milkowski
Subject(s): Law, Constitution, Jurisprudence, Court case
Published by: Wydawnictwo Uniwersytetu Jagiellońskiego
Keywords: Supreme Court; judicature; criminal proceedings; civil proceedings; resolution; judgment

Summary/Abstract: The judgment of the Polish Supreme Court of December 20, 2023 (case file no. III CZP 41/23) is of particular importance for legal practice. The Court indicated that in the case of notifying the party or their representative about the impossibility of preparing a justification for the contested decision, appealing against this decision is not conditioned upon the effective submission of a request for justification and the delivery of the decision along with the justification. In the judgment of December 14, 2023 (case file no. III CZP 32/23), the Polish Supreme Court stated that in divorce cases, both those not concluded by July 3, 2021, and those initiated between July 3, 2021, and April 14, 2023, the first-instance court shall adjudicate with a single judge unless the president of the court orders the case to be heard by a panel of three judges. If such a case is heard by a single judge and two lay judges, the proceedings are null and void (Article 379 point 4 of the Polish Code of Civil Procedure).

  • Issue Year: 2023
  • Issue No: 4
  • Page Range: 191 - 207
  • Page Count: 17
  • Language: Polish
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