Abstract

Judges are entitled to pass orders both with respect to administering justice as well as providing legal protection, whereas judicial trainees have been entrusted with certain powers the extent of which may be broader or narrower. At the time when judicial trainees do not perform duties of a judge they implement legal protection tasks other than administration of justice though under the same rules as judges. In this case their orders should not be treated as orders of court referendaries, which means that orders passed by judicial trainees in legal protection cases without attribution of a judge are court orders which may be appealed to a court of second instance (Art. 394 § 1 of the Code of Civil Procedure) rather than being subject to a complaint against an order of a court referendary (Art. 398²² et seq. of the Code of Civil Procedure).