Abstract

It is a duty of the state to enact laws that will ensure effective exercise of the right to a fair trial (Art. 45 of the Polish Constitution). The right to a fair trial consists not only in examining and adjudicating cases, but also in the actual enforcement of judgments issued in the review proceedings. In this context, the solution adopted in Art. 235.1 of the Bankruptcy Law (amended in 2019) as to the introduction of a flat-rate remuneration for late notification of a claim by a creditor raises serious reservations. This is because it restricts some creditors’ access to enforcement and forces them to resign from pursuing their claims, while it allows debtors to get rid of some of their obligations without any effort on their part.