Opłata od wniosku o doręczenie wyroku z uzasadnieniem w świetle zasady sprawiedliwości proceduralnej
The fee for the request for the delivery of the judgement and the reasons for it against the principle of procedural fairness

Author(s): Aleksander Leszczyński
Contributor(s): Maja Dziubak (Translator)
Subject(s): Civil Law
Published by: Wydawnictwa Uniwersytetu Warszawskiego
Keywords: delivery of judgment and the reasons for it; costs; principle of procedural fairness; fair trial
Summary/Abstract: The article deals with the fee for the request for the delivery of judgment and the reasons for it (art. 25b of the act on civil court fees), introduced with the amendment of the CPC of 2019. Already on its introduction, this legal measure met with reasonable and serious doubt of both legal academics and commentators, as well as practitioners of civil procedure, not only with respect to its soundness but also its compliance with rules ensuing from higher regulations. The article focuses primarily on theoretical problems related to this new institution of civil procedure, pointing to the practical ones as well. The discussion of the subject matter is based mainly on the right to a fair trial included in art. 45 sec 1. of the Polish Constitution, and the ensuing principle of procedural fairness. The author also analyses the history of the fee for the request in question under the basic civil procedural law currently in force. Due to the nature of the problem addressed, attention is drawn to the purpose and functions of reasons for judgment within civil procedure.

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