INADMISSIBILITY OF CIVIL PROCEEDINGS AND ACCESS TO COURT
By instigating civil proceedings a plaintiff intends to obtain a final and unequivocal judgement on the merits regulating a legal situation which had been unclear prior to the lawsuit. However, reaching this goal will not always be possible. The court might be obliged to reject the lawsuit or ann...
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| Format: | Article |
| Language: | English |
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VD Dakor
2019-06-01
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| Series: | Access to Justice in Eastern Europe |
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| Online Access: | http://ajee-journal.com/upload/attaches/att_1560678286.pdf |
| Summary: | By instigating civil proceedings a plaintiff intends to obtain a final and unequivocal
judgement on the merits regulating a legal situation which had been unclear prior to
the lawsuit. However, reaching this goal will not always be possible. The court might be
obliged to reject the lawsuit or annul the proceedings due to formal reasons (cf. Article
199 and article 355 of the Polish Code of Civil Procedure). Such situations give room to
considerations whether purely formal, procedural decisions violate litigants’ right to court
in the aspect of ‘right to judgement’, i.e. a right to a verdict substantively adjudicating
the merits of the case. The author analyzes this issue with reference to the so-called
absolute procedural prerequisites (Germ. Prozessvoraussetzungen) and their impact on
constitutional and treaty-based guarantees of access to court |
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| ISSN: | 2663-0575 2663-0583 |