Constitutional and European Standards of the Right to a Fair Trial and the Institution of a Manifestly Unfounded Claim Regulated in Article 191(1) of the (Polish) Code of Civil Procedure

Abstract

By the Act of 4 July 2019 amending the Act – the Code of Civil Procedure and Certain Other Acts, the lawmaker introduced to the Polish civil procedure, inter alia, the institution of dismissal of an action as manifestly unfounded (Article 191(1) of the Polish Code of Civil Procedure). This institution enables the examination of a civil case in a significantly simplified manner. This study analyses this institution and the practice of its application through the prism of constitutional and European standards of the right to a fair trial.