Zażalenie w postępowaniu zabezpieczającym – zmiany (i ich brak) po nowelizacji z 4 lipca 2019 r.
Complaint in proceedings for a protective measure – amendments (and lack thereof) following the 4th of July 2019 amendment

Author(s): Magdalena Hilt
Contributor(s): Maja Dziubak (Translator)
Subject(s): Civil Law
Published by: Wydawnictwa Uniwersytetu Warszawskiego
Keywords: proceedings for a protective measure; complaint; horizontal complaint; amendment of 2019
Summary/Abstract: The article aims to discuss the changes introduced by the 2019 amendment of the Code of Civil Procedure regarding complaint in proceedings for a protective measure. The main intent behind the amendment was to improve and accelerate civil procedure, including proceedings for a protective measure. Alterations concerning complaints appear particularly significant with respect to proceedings for a protective measure, whose purpose is to ensure the efficiency of civil proceedings. The changes in proceedings for a protective measure include, for example, the introduction of horizontal complaints against decisions on protective measures. The scope of cases to which horizontal complaints pertain has been consistently extended by the legislator, despite numerous controversies and shortcomings pointed out by legal authors. For unclear reasons, the introduction of horizontal complaints into proceedings for a protective measure has not been straightforwardly bound to the inclusion of suability of decisions on protective measures first issued during second-instance proceedings. Other changes to the procedure, including the lack of possibility to lodge a complaint before a prior request for drawing up and delivering reasoning for the decision, have made the complaint procedure far more complicated, at the same time extending the duration of proceedings contrary to the idea behind the amendment.

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