Monitor Prawniczy

no. 14/2015

Conjunction with Art. 386 § 6 of the Code of Civil Procedure and the issue of (ordinary or special) court proceedings

Jan Turek
Abstract

The courts of both instances (heads of court departments) should – ex officio and throughout the trial – pay attention whether an appropriate procedure (ordinary or special) is followed. Such a procedural error should be corrected also at the reexamination stage by a suitable procedural decision. Court proceedings should ensure proper administration of justice by „a tribunal established by law”. It is court’s duty to ensure that the trial is conducted fairly.