Opinion on the Senate bill amending the Supreme Court Act (Sejm Paper No. 2055) Cover Image

Opinia w sprawie senackiego projektu ustawy o zmianie ustawy o Sądzie Najwyższym
Opinion on the Senate bill amending the Supreme Court Act (Sejm Paper No. 2055)

Author(s): Marcin Dziurda
Subject(s): Law, Constitution, Jurisprudence
Published by: Kancelaria Sejmu
Keywords: Poland; Constitution; civil procedure; Supreme Court;

Summary/Abstract: The Senate bill implements the obligation to adjust the law to the judgment the Constitutional Court of 4 December 2012 (Ref. No. U 3/11). The bill involves a change in the Supreme Court Act by adding specific elements required from the request of the Public Prosecutor General for annulment of a final judgment in relation to a case that, at the time of adjudication – because the person concerned – did not fall within the jurisdiction of Polish courts or in which at the time of adjudication court action was not admissible. The bill also provides for establishing a procedure for examination of requests by the Supreme Court. The authors of the opinion conclude that the changes proposed by the Senate are flexible and can be used both in relation to judgments pronounced both in civil proceedings and in criminal proceedings.

  • Issue Year: 2014
  • Issue No: 2
  • Page Range: 169–177
  • Page Count: 9
  • Language: Polish