Zażalenia poziome – problemy i wątpliwości w praktyce sądów powszechnych
Horizontal appeals – problems and doubts in the practice of common courts

Author(s): Jan Wojciechowski
Contributor(s): Krzysztof Leitgeber (Translator)
Subject(s): Civil Law
Published by: Wydawnictwa Uniwersytetu Warszawskiego
Keywords: appeals; challengability; devolutive effect; suspensory effect; impartiality
Summary/Abstract: In this article, the author analyzes the newly implemented institution of horizontal appeals, which are examined by another composition of the court of first instance. He also presents the history of workings of horizontal appeals in Polish civil procedure, especially in the Constitutional Tribunal’s body of rulings, as a result of which the discussed institution was introduced into Polish civil procedure. The advantages of introducing this solution are analyzed, such as the avoidance of forwarding the file to another court. Next, the drawbacks connected with introducing the solution under discussion are pointed out. The author highlights the psychological aspect of the administration of justice and a threat connected with leaving the cases which which are of key importance to the party’s rights in the same department. Apart from that, the remaining dangers occasioned by the amendment are indicated, such as the possibility that the regionalization of judicial decisions or the domestic forum shopping will emerge. The concerns are raised as to the introduced decisions’ compliance with the regulations of the Polish Constitution, which ensure the right to adjudicate before an impartial court. Next, the problem of the so-called “orphaned appeals”, i.e. appeals which do not figure in the catalogue of those appealed vertically (art. 394 § 1 CPC) or horizontally (art. 3941a § 1 CPC) is considered. The arguments are presented in favour of the decision to appeal against the aforementioned rulings both vertically and horizontally. The author adopts the position that those rulings should be appealed against vertically.

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