Archive for: Art. 45 Constitution

Procedural law, case III CZP 102/15

March 25th, 2016, Tomasz Rychlicki

The Supreme Court in its order of 23 March 2016 case file III CZP 102/15 answered important questions related to minutes of hearing that were recorded as electronic/digital versions. The Regional Court decided a case related to payment, while some doubts as to interpretation of law related to recording of minutes and evidence, arose. The Supreme Court held that the transcription of the minutes that were recorded as sound and video is not an official document according to the provisions of the Civil Proceedings Code – CPC – (in Polish: Kodeks Postępowania Cywilnego) of 17 November 1964, published in Journal of Laws (Dziennik Ustaw) No 43, item 296, with subsequent amendments, and as such cannot be used for findings related to court’s session. If the minutes recorded as audio and/or audio and video do not allow to determine the content of evidence, the Court has to repeat an action related to this step. On an appeal, there is no need for the applicant to indicate a specific part of the sound recording (or video and audio) that relates to action of taking an evidence.

Procedural law, case II GSK 1206/10

April 6th, 2012, Tomasz Rychlicki

The Supreme Administrative Court in its judgment of 29 November 2011 case file II GSK 1206/10 held that the provisions of Article 45(1) of the Constitution of the Republic of Poland provide that everyone should have the right to a fair and public hearing of his or her case, without undue delay, before a competent, impartial and independent court. These provisions include the principle that every court should decide a case without undue delay. This rule is also reflected, among others in the provisions of Article 7 the Polish Act of 30 August 2002 on Proceedings Before Administrative Courts – PBAC – (in Polish: Prawo o postępowaniu przed sądami administracyjnymi), published in Journal of Laws (Dziennik Ustaw) No 153, item 1270 with subsequent amendments, that the administrative court should undertake activities aimed at the rapid settlement of the matter of each case and seek to settle the case at the first hearing. In light of these provisions it should be clearly stated, however, that the principle of the speed of court proceedings is not a rule that could be given precedence over the right of the party to defend its rights and personal participation in the hearing, if the legislature included the possibility to postpone the hearing in specific situations. In this case, the Voivodeship Administrative Court in Warsaw improperly assessed the evidence that gave the reason to postpone of the hearing, which resulted in a breach of the right of parties to participate in the hearing and personal defense of their rights in legal proceedings. In consequence, the SAC ruled that there was a reason to decide on the nullity of proceedings.