Prawo do sądu a szybkość postępowania cywilnego
Right to access to court and the speed of civil procedure
Author(s): Anna MachnikowskaSubject(s): Constitutional Law, Law and Transitional Justice, Law on Economics
Published by: Wydawnictwo Uniwersytetu Gdańskiego
Summary/Abstract: The crisis of the efficiency of court proceedings should be an important argument to increase interest in problems faced by contemporary judges. It also provokes a question how far the inability to resolve this issue influences the lasting transformation of the system of government (global and national) and to what extent it is a result of ordinary neglect and a lack of appropriate skills and legal intuition of both administrative decision-makers and judges. The negative dimension of the excessive length of judicial proceedings additionally speaks for the development of a new policy aimed at efficient litigation. It’s because the polemic about the sources of the problem outlined in the article title exacerbates and deepens divisions between judges and the Ministry of Justice. What is more, there are numerous constitutional and economic uncertainties and further areas of the conflicts of laws and interests are likely to appear. The legal regulation of the situation is not easy because of the fragmented identification of the relationship between the actual situation and the legal status as well as the state of public awareness. Consequently, the stabilization of the situation becomes an indispensable necessity in face of the standard of the right to access to court.
Journal: Gdańskie Studia Prawnicze
- Issue Year: 2016
- Issue No: XXXV
- Page Range: 281-294
- Page Count: 14
- Language: Polish