Abstract

The article focuses on interpretation of Art. 48 § 1.4 of the Code of Civil Procedure which excludes a judge by law from sitting on a bench in cases in which the judge was or is a legal representative or legal counsel of a party. The author discusses this regulations in the context of recent Supreme Court resolution of 13 May 2015, III CZP 10/15, which tackles the problem of the group of cases this basis of exclusion refers to, as well as in a larger perspective connected with the importance of the right to fair trial in the light of Art. 45.1 of the Constitution and Art. 6.1 of the Convention for the Protection of Human Rights and Fundamental Freedoms.