SHOULD THE SAME JUDGE HEAR OVER AGAIN A CASE WHEN IT IS REFERRED BACK FOR RECONSIDERATION? COMMENTS ON NEW VERSION OF ARTICLE 386 § 5 OF POLISH CIVIL PROCEDURE CODE.
SHOULD THE SAME JUDGE HEAR OVER AGAIN A CASE WHEN IT IS REFERRED BACK FOR RECONSIDERATION? COMMENTS ON NEW VERSION OF ARTICLE 386 § 5 OF POLISH CIVIL PROCEDURE CODE.

Summary/Abstract: The paper analyses changes that have been implemented to the Polish civil procedure regulations. The text focuses on the new version of article 386 § 5 Polish Civil Procedure Code, as it overturns a well-established principle that if a judgment was set aside and a case was referred back for reconsideration, the case was heard by a different panel. According to the new version of the provision if a judgment is set aside and a case is referred back for reconsideration, the case is heard and determined by the same formation of judges, unless this is not possible or would cause undue delay in the proceedings. This current state of regulations can cause discouragement both on the part of the parties and on the part of the judge. It may have a very negative effect on the society as it may lead to the decline of the trust into courts. The author suggests changes in the law.

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