THE ROLE OF THE SUPREME COURT IN POLAND IN OBEYING THE CIVIL LEGAL RULES PROTECTING DEMOCRACY

Joanna Studzinska

FIAT IUSTITIA, 2018, vol. 12, issue 1, 278-292

Abstract: There are different functions of the Supreme Court in Poland such as the control of legality and correctness of an issued ruling, and the examination of, above all the extraordinary means of appeal, which are: cassation complaints, complaints to declare a legally binding decision unlawful. Especially nowadays the Supreme Court is the very important court to assure the obeisance of the civil legal rules protecting democracy. The Supreme Court plays also the very important role explaining the character of legal norms. Placement of the complaint to the Supreme Court within the regulations of the chapter on the appeal, and not, as previously, in the chapter devoted to the cassation, is significant in terms of the construction. The complaint proceedings in the Supreme Court creates a mechanism within the framework of which the Supreme Court not only examines the matter but controls the 2nd instance court whether a decision by which the proceedings are terminated does not infringe the law, and in the case of finding such infringement, generally, it "cancels" such decision. It is, therefore, worth being better acquainted with very important role of the Supreme Court assure the obeisance of the civil legal rules protecting democracy.

Keywords: the Supreme Court; a civil cassation complaint; polish legal system; the extraordinary means of appeal; the jurisdiction of the Supreme Court Pages: 278-292 (search for similar items in EconPapers)
JEL-codes: K10 (search for similar items in EconPapers)
Date: 2018
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