Przepisy o ochronie sądowej w świetle prawa konstytucyjnego
Rules on Judicial Protection in the Light of the Constitutional Law

Author(s): Małgorzata Mędrala
Subject(s): Law, Constitution, Jurisprudence, Constitutional Law, International Law, Human Rights and Humanitarian Law
Published by: Wydawnictwo Uniwersytetu Śląskiego
Summary/Abstract: The aim of the article is to discuss the topic of judicial protection in the light of the rules of the Constitution. One of the most important conditions for the existence of a democratic rule of law is the right of access to the court, while the state should protect the interests of its citizens in front of an independent authority which would act solely with accordance to the law. In the article, the author focuses on the issues of sources, properties and the character of the right of access to the court. The author stresses the fact that in interpreting domestic rules regarding judicial protection, one should take into account both international as well as community standards of the right of access to the court. Moreover, the author points out that Article 77 (2) of the Constitution of the Republic of Poland, based on a regulation of the Austrian Civil Code, is extremely important for the rules of judicial protection. Thus, the author attempts to answer the following questions: 1) Why is it impossible for Article 77 (2) to cover the same scope as Article 54 (1) of the Constitution with regard to the personal scope?; 2) Do the acts which delineate the scope of control of administrative courts complement Article 184 of the Constitution? The author starts her discussion by examining the possible limitation of the right of access to the court on the basise of Article 31 (3) of the Constitution as well as the topic of appeal procedures, to which the legislators have devoted two articles of the Constitution: Article 83, which guarantees the right to appeal the rulings of the court of the first instance, and Article 176 (1), which states that judicial proceedings are two-instance procedures.

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