Monitor Prawniczy

no. 19/2020

Appointment of a judge to serve on a bench in the court of a higher rank and consideration of a case allocated in the former place of service

DOI: 10.32027/MOP.20.19.5
Tadeusz Zembrzuski
Adiunkt w Katedrze Postępowania Cywilnego na WPiA Uniwersytetu Warszawskiego, ORCID: 0000-0001-8239-6827.
Abstract

The provisions of the Act of 27 July 2001 on the Common Court System specify the principle of non-changeability of the bench, which has been connected with the introduction of random allocation of cases. A reservation that a change of the place of service of a judge or an end of the delegation do not prevent involvement in cases allocated in the former place of service (Art. 47b § 4 of the Act on the Common Court System) does not refer to the situation when the change concerns appointment of a judge to serve in the court of a higher rank. Consideration of a case allocated to a district court judge before he has been promoted to serve in the court of a higher rank is connected with the materialization of the cause for invalidation of the proceedings (Art. 379 (4) of the Code of Civil Procedure).