Abstract

The Act of 4 July 2019 amending the Code of Civil Procedure and certain other acts (Journal of Laws of 2019, item 1469) fundamentally changed many laws regulating measures of appeal . Although it has undoubtedly brought about many positive changes, the shortcomings of systemic consistency and appropriate terminological precision, as well as far-reaching casuistries have led to serious interpretational doubts and divergences in jurisprudential practice. Neither has is led to the desired objective, namely acceleration of the proceedings to such an extent that will allow to realise the right to fair trial guaranteed by the constitution and treaties. In consequence, the 2019 amendments has been also followed by a record number of Supreme Court comments. The effect of the legislative work aimed at dispelling the interpretational doubts arising after the 2019 amendment, is the Act of9 March 2023 amending the Code of Civil Procedure and certain other acts (Journal of Laws of 2023, item 614). Its fundamental objective, as corroborated e.g. by legislative motivations, is to remove interpretational doubts arising in the jurisprudential practice under the previous amendment.
The new amendment does not introduce any fundamental modifications as regards measures of appeal. The legislator does not withdraw the most significant changes introduced in 2019, such as, first of all, desisting from the possibility of filing appeals and complaints directly, without preceding them with a request to deliver a copy with a statement of reasons. Insofar as it concerns measures of appeal, the discussed act has substantially removed doubts arising from the vague regulations of the previous amendment allowing for diverse interpretations. This concerns primarily the complaint procedure. In this area, it is undoubtedly a step in the right direction. Very frequently the direction of legislative work had been mapped out by the Supreme Court jurisprudence. Approval is also due for the confirmation of the leading nature of the devolutionary complaint against the ruling of the court of first instance and broadening of the catalogue of decisions of the court of second instance appealable to a different bench of that court.