Monitor Prawniczy

no. 14/2013

Measures to appeal against the procedural acts performed by a court referendary in judicial administrative proceedings

Aneta M. Arkuszewska
Autorka jest radcą prawnym oraz adiunktem na Uniwersytecie Rzeszowskim w Zakładzie Prawa Cywilnego i Prawa Rzymskiego.
Abstract

In judicial administrative proceedings, the court referendary has been awarded authority with respect to the proceedings for awarding the right to assistance and to carrying out mediation. In order to ensure that the decisions made by a court referendary in cases concerning the right to assistance are legal and lawful they are subject to full court supervision by regulating a special type of measure to appeal against the decisions and orders of a court referendary, i.e. objection. Objection is an ordinary, but also an extraordinary measure of appeal. It is adversarial, non-devolutionary and non-suspensive. Apart from that, it is nullifying, restitutive, repressive and renovative. Once filed, an objection nullifies the appealed decision of a court referendary, and its withdrawal is inadmissible since the decision does not regain its legal existence. However, when it comes to awarding court referendary with an authority to chair a mediation meeting the legislator did not provide for a specific legal measure to appeal against the orders of a court referendary with respect to rectifying the minutes of the meeting, i.e. is an appeal to court which operates in connection with entrusting the said authorities to that body.