Family Justice in Poland: An Outline of the Problem Situation and the Optimum Reform Direction

Abstract

The paper discusses the development and functioning of the family justice system in Poland and the necessary legislative amendments in this area. At the outset, the author describes the most efficient mechanisms for the protection of family rights, pointing to judicial protection as the most appropriate option as compared to administrative law measures. Next, the discussion moves on to the origins and evolution of legislative measures that created the family justice system. At this point, legal changes that undermine the original structural concept of family justice are noted. An outline of proposals for family justice reform, made by the community of family judges, is also presented. The findings presented in the paper serve as a basis both for the identification of the key areas in need of legislative amendments and for the definition of a framework for reform proposals.