Simplified proceedings in the civil procedure of Poland

  • O.R. Kovalyshyn
Keywords: simplified claim proceedings, electronic order proceeding, cases of minor complexity, Polish civil procedure, law of EU member states, comparative law, differentiation of civil proceedings

Abstract

The article is devoted to simplified proceedings and electronic order proceedings in Polish law. It is noted that the role of expedited (simplified) proceedings in the practice of civil and commercial justice is quite significant, as evidenced not only by the number of cases considered in expedited proceedings, but also by the number of decisions rendered in the appropriate manner.
The author notes that in 2019 there were quite significant changes, the content of which is reduced to the expansion of the subject catalog of cases that are considered in the order of simplified proceedings. Before that, this procedure was intended exclusively for lawsuits arising from binding legal relations of a contractual nature. Civil cases arising from non-contractual obligations were considered on a general basis.
It is emphasized that in economic cases, the provisions on simplified proceedings are applied to the extent that they do not contradict the provisions of the section on the peculiarities of proceedings in economic cases. What is more, the relevant clause is established by the legislator specifically in relation to national simplified procedures and does not apply to supranational ones (European procedure for small claims, European payment order). Thus, a differentiated approach was applied.
It is noted that the introduction of electronic court proceedings in the Polish civil process was a significant step forward in the digitalization of the entire judicial system, and the regulatory documents regarding it, as confirmed by practice, set a new legal and IT standard for further digitalization.
It can be concluded that electronic injunctive proceedings are a special type of «ordinary» injunctive proceedings. The differences arise not from the purposes and functions of this proceeding, but from formal reasons that are a consequence of the accepted methods of communication between the parties with the court and the executive service body, as well as the delivery of orders and court decisions in electronic form and the archiving of case materials in electronic form.

Published
2023-09-14
Section
Theoretical, comparative, historical principles of legal regulation