Common Courts Research Articles

The issue of electronic delivery in cases of appeals against resolutions of the National Council of the Judiciary

Electronic delivery in cases of appeals against resolutions of the National Council of the Judiciary is sometimes of key importance for the resolution of cases by the Supreme Court. The issue of delivery is not obvious and easy to verify. It happens that both the National Council of the Judiciary and common courts do not treat deliveries seriously and do not respect all the consequences, which are the same as the consequences of deliveries made using a postal operator. Electronic deliveries are intended to facilitate and accelerate procedures conducted by the National Council of the Judiciary, but their use may involve irregularities that can only be verified by the Supreme Court. Electronic delivery in cases of appeals against resolutions of the National Council of the Judiciary is sometimes of key importance for the resolution of cases by the Supreme Court. The issue of delivery is not obvious and easy to verify. It happens that both the National Council of the Judiciary and common courts do not treat deliveries seriously and do not respect all the consequences, which are the same as the consequences of deliveries made using a postal operator. Electronic deliveries are intended to facilitate and accelerate procedures conducted by the National Council of the Judiciary, but their use may involve irregularities that can only be verified by the Supreme Court.

Rola ekspertyzy wariograficznej w postępowaniu karnym

The publication in question deals with the contemporary role of polygraph exper-tise in Polish criminal proceedings. It discusses the history of polygraph research. It refers to research techniques used by experts in the field, as well as to atypical cases of controversial research. Indicates the legal basis of polygraph research. Additionally, it draws attention to the issue of their evidentiary and diagnostic value. He extensively discusses the views of the Supreme Court and common courts formulated in this matter from 1963 to the present. Finally, it emphasizes the role of standardization of polygraph research and popularizing knowledge about it among lawyers.

The issue of admissibility of applying reliefs (discounts) and bonuses by insurers in determining the amount of compensation for damage to a motor vehicle of the injured. A gloss to the resolution taken by the seven judges of the Supreme Court of 8 May 2024, ref.: III CZP 142/22

The subject of this gloss is the judgment of the Supreme Court of 8 May 2024, reference III CZP 142/22, concerning the determination of compensation to be paid by an insurance company to the injured party under a civil liability insurance contract for owners of motor vehicles. The judgment addresses the question whether is admissible that insurance companies apply discounts when determining the amount of compensation for the injured party's motor vehicle. The issue in question is of significant importance for insurance practice, as for several years the admissibility of this type of activities by insurance companies has been raised in the jurisprudence of common courts and it also has been subject of considerations in the doctrine. Ununified insurance practice often led to compensation being set at a lower amount than the actual costs of vehicle repair, which in turn gave rise to disputes between the injured party and the insurance company. The gloss only refers to two theses of the judgment of 8 May 2024, as the statement of reasons thereof has not been published upon submitting this gloss for publication.

The Role of the Polish Agency for Audit Oversight and Common Courts in Disciplinary Proceedings Against Statutory Auditors: De Lege Lata and De Lege Ferenda Remarks

Abstract This article is of a scientific and research nature, covering the role of the Polish Agency for Audit Oversight (Polska Agencja Nadzoru Audytowego–PANA) and common courts in disciplinary proceedings against statutory auditors. The research aims to determine whether the provisions of Directive 2006/43/EC and Regulation (EU) 537/2014 justify assigning the aforementioned Agency the status of an authority for proceedings concerning disciplinary offences committed while performing assurance or related services in compliance with national professional standards. The provisions of European Union law regarding the role of public supervision bodies of auditors and audit firms are analysed, and the results are compared with the constitutional and systemic conditions for shaping the norms of disciplinary proceedings. Some de lege ferenda proposals regarding the regulation of disciplinary proceedings bodies in matters concerning statutory auditors are put forward.

Compensation for Establishing Transmission Line Easement: Parts of Land Affected and Persons Involved

Abstract The identification of the scope of the limited property law (that is transmission easement), as well as the taking of appropriate actions, has become difficult. The far from sufficient implementation of rules has led to numerous disputes, the resolution of which has been sought in court. Very generalized legal bases, interpretation of regulations and the acceptance of the rulings of common courts have made the development of operating procedures possible and have determined the persons participating in performing work related to transmission easement. The specifics and the multidimensionality of the subject requires cooperation from several experts. The methodological bases are limited, and the regulations unclear. The goal of the research is the standardization of designations of component parts and activities associated with transmission easement. The entire process is made easier by a set procedure proposed in the form of an outline. This study draws attention to individual activities and the order in which they are performed. This allows individual specialists to carry out the next stages of work, which in turn leads to sanctioning the rights of the grantee, while determining fair and satisfactory compensation for the grantor.

The meaning of a final decision stating the acquisition of real estate by usucaption in court demarcation proceedings – analysis of judicial decisions

In the publication in question, attention was drawn to the demarcation of real estate according to the first criterion provided for in Art. 153 of the Civil Code, that is according to the legal status. The author tries to answer the question of the impact of a final decision confirming the purchase of one of the demarcated real estates on the demarcation proceedings, quoting in this respect the jurisprudence of the Supreme Court and common courts related to this issue.

Postępowanie zabezpieczające wobec osoby stosującej przemoc w rodzinie

The article has a scientific and research character. Its purpose is to discuss the protective proceedings against the perpetrator of domestic violence in the area of Polish civil procedure and to answer questions about the method of such security, its subject, purpose, course of the proceedings and the provision of security. The answers to these questions may have not only doctrinal but also practical value, especially since there are no scientific studies on this topic. Although the basic research method used in the article is a formal and dogmatic analysis, the practice of applying the law was also taken into account, using the analysis of the jurisprudence of common courts and the scientific discussion conducted on the basis of these judgments. This new method of securing non-monetary claims of a novation nature serves to protect people affected by domestic violence and to provide temporary legal protection by isolating the victim from the violence offender in situations where he poses a threat to the life or health of household members. Securing is subject to the prior issuing of an order or prohibition by the competent authority (Police, Military Police or court). If such an order or prohibition has been issued, the court may grant security on the terms set out in Articles 7552 to 7554 of the Civil Procedure Code; if there is no prior order, the security is granted on general terms (Article 755 of the Code).

Ciemna triada a orzekanie o winie w rozkładzie pożycia małżeńskiego w procesach rozwodowych

The article is focused on difficulties in establishing interpersonal relationships by people having the socially aversive traits which constitute the dark triad. Moreover, the article presents the conclusions drawn from the analysis of judgements given by common courts with respect to petitions for divorce at sole fault of a spouse who demonstrates the socially undesirable character traits discussed in this article.

Predicting the Amount of Compensation for Harm Awarded by Courts Using Machine-Learning Algorithms

Abstract The present study aims to explain and predict the monetary amount awarded by courts as compensation for harm suffered. A set of machine-learning algorithms was applied to a sample of decisions handed down by the Polish common courts. The methodology involved two steps: identification of words and phrases whose counts or frequencies affect the amounts adjudicated with LASSO regression and expert assessment, then applying OLS, again LASSO, random forests and XGBoost algorithms, as well as a BERT approach to make predictions. Finally, an in-depth analysis was undertaken on the influence of individual words and phrases on the amount awarded. The results demonstrate that the size of awards is most strongly influenced by the type of injury suffered, the specifics of treatment, and the family relationship between the harmed party and the claimant. At the same time, higher values are awarded when compensation for material damage and compensation for harm suffered are claimed together or when the claim is extended after it was filed.

The rule of law “on the ground”. The Polish courts’ perspective

The aim of this article is to demonstrate how often and in what ways the concept of the rule of law is utilised by the Polish courts. The authors examined the case law of the Constitutional Tribunal, the Supreme Court, but above all, of the common courts, published after 1997 (the year in which the Constitution of the Republic of Poland entered into force) with regard to how often judges invoke the concept of the rule of law and how they explain it. The main idea was to capture certain tendencies, in an attempt to take a wider view rather than analyse individual rulings. It is a look “from above” adapted to determine if and how often courts refer to the concept of the rule of law and what changed in this regard after 2015, when the systematic and consistent destruction of the judicial system began. Analysis of the judicial decisions of the common courts, whose actions are especially important for the individual, are the focal point. It is in these courts that majority of cases are settled, as they are the closest to the citizen. Of course, the common courts do not act in isolation and so the judicial activity of the Constitutional Tribunal and the Supreme Court was also examined. However, rulings of those entities are frequently subject to in-depth analysis, so the focus was placed only on examining regularities in their invoking the concept of the rule of law. Since the Constitutional Tribunal and – to a certain degree – the Supreme Court have been captured by the ruling political group, entailing that the authorities have destroyed judicial independence, it is worthwhile to concentrate on the common courts, as they could possibly be representing the last bastions of an independent justice system.

Determining Amount of the Moral Damages in Cases of Health Damage

The article discusses the specifics of compensation for moral damages and the method of calculation in case of the health damage. The article presents definitions and decisions from the practice of the common courts, where the gaps and inconsistent approach caused by the vague record of the law are clearly visible. Moreover, it presents the results of comparative legal research. In particular, the legislation and practice of the following countries have been studied: Austria; USA; Belgium; Bulgaria; United Kingdom; Germany; Spain; Slovakia; Hungary; Croatia; Greece; Estonia; Lietuva; Latvia; Portugal; Finland.

Przejęcie majątku spółki – zagadnienia wybrane na tle orzecznictwa sądów powszechnych i Sądu Najwyższego

Acquisition of the company’s assets and liabilities – selected issues in the context of the case law of common courts and the Polish Supreme Court Despite the passage of more than 20 years since the entry into force of the Polish Commercial Companies Code , many of the legal constructions indicated in it still raise doubts and give rise to legal disputes. One of them, of significant practical importance, is the possibility, as regulated in Article 66 of the Polish Commercial Companies Code, for the court to grant one of the partners of a general partnership the right to take over the assets and liabili-ties of the company in case it is composed of two partners and there is a reason for its dissolution on the part of one of them. Interpretation problems related to this regulation have been repeatedly raised in doctrine and juris-prudence, nonetheless, many of them remain unresolved, while the resolution of one uncertainty often leads to the development of another. The purpose of this article is to examine the issues related to the interpretation on the basis of Article 66 of the Polish Commercial Companies Code of the reason for the dissolution of the company aris-ing on the part of one of the partners, to identify the subject of the takeover, to specify the legal nature and the moment of transfer of the company’s assets and liabilities to one of the partners, as well as to consider certain procedural aspects that may emerge over the course of the proceedings.

Absolwenci uczelni lubelskich na stanowiskach sędziów Sądu Najwyższego w okresie Polski Ludowej

The article presents graduates from Lublin higher education institutions who, in the course of their legal professional careers, assumed Supreme Court judge positions in the period of the Polish People's Republic. The chronological framework of the study covers the period from the Supreme Court resuming operation in 1945 until the end of the last, sixth term of the Supreme Court in 1990, although nominations of KUL (Catholic University of Lublin) and UMCS (Maria Curie-Skłodowska University) graduates as "regular" judges of the Supreme Court concern the very period of the Polish People's Republic. The extension of temporal scope has resulted in presenting the profiles of two judges, pre-war KUL graduates, who were acting judges of the Supreme Court from 1948 to 1949 at the off-site adjudication centre of the Civil Chamber of the Supreme Court in Lublin. It was 1959 when two KUL graduates were appointed judges of the Supreme Court under the procedure set out in the Law on the System of Common Courts. From 1962 onwards, the Supreme Court used to be staffed through an appointment of Supreme Court judges for five-year terms by the Council of State according to the Act on the Supreme Court. These included five post-war KUL graduates, three of whom had started their studies before the outbreak of war. The end of provision of legal education at KUL (the last graduation ceremony took place in 1952) and the launch of legal studies at UMCS in 1949 resulted in as many as seven UMCS graduates holding the Supreme Court judge positions in the 1970s and especially in the 1980s. The first of them was elected in 1972 for the 3rd term of the Supreme Court. When the Supreme Court closed its operation on 30 June 1990 (as a result of shortening the 6th term due to serious changes made in the system of government) it was composed by two KUL graduates and six UMCS graduates.

Gloss to the decision of the Supreme Court dated 24 February 2023, file no. III CZP 108/22

The Supreme Court, in the justification of the order of 24.02.2023, ref. III CZP 108/22, questioned the existence in the legal system of the construction of the so-called "easement with a content equivalent to the transmission easement." Thus, he challenged the already well-established line of case law of the Supreme Court, as well as of common courts, which allowed the establishment of such an easement. The gloss expresses a critical assessment of the view taken by the Supreme Court and presents arguments in support of it. As a result, the acquisition by way of acquisitive prescription of a transmission easement, as well as an easement corresponding to the content of the transmission easement, was deemed permissible, as justified by the interpretation of Article 172 in conjunction with Article 292 of the Civil Code

Assessment of the degree of social harmfulness of acts exhausting the elements set out in Article 35(1)-(2) of the Act of 21 August 1997 on the protection of animals. Comments on the background of rulings by common courts and the Supreme Court

The views expressed in the public discourse, accusing the courts of excessive leniency towards the perpetrators of crimes against animals, as well as the problems that the courts often have in correctly determining the degree of social harmfulness of the assessed criminal acts, made it reasonable to devote this article to the title issue. After all, among the whole range of negative consequences that may result from a faulty estimation of the degree of social harmfulness, the most significant are those that directly affect the content of the judgment, resulting in, among other things, inadequately lenient treatment of the perpetrator to the gravity of the act. However, the purpose of this article was not only to verify the main research hypothesis, assuming that in cases of crimes against animals, the courts also make mistakes in the sphere in question, but also to determine what these failures consist of and what causes them, and, moreover, how they can be prevented. By the adopted research perspective, in-depth considerations (taking into account the achievements of science and jurisprudence in the area relevant to the subject of the study) were subjected not only to the decisions of common courts and the Supreme Court in cases involving the crimes mentioned above but also paid attention to the issue of social harmfulness of the title offences in the abstract, also making comparative legal analyses. As a result of the research, it was found that in cases of crimes against animals, the courts make mistakes in estimating the degree of social harmfulness of the act, which are not uniform. Among the most serious of these are the deficiencies that result from problems with the actual perception of the animal as a "being capable of feeling suffering" to which humans owe "respect, protection and care." In order to eliminate the defects above, it is necessary to take educational measures not only in the field of law but also in the basics of the sciences dealing with sensation consciousness and animal welfare.

The unified patent court

Abstract On 1 June 2023, the Unified Patent Court (UPC) for the settlement of disputes relating to European patents and European patents with unitary effect opened its doors as a common court of those European Union (EU) Member States that, in 2012, had joined in an enhanced cooperation in the area of unitary patent protection, and then, in 2013, entered into an ‘Agreement on a Unified Patent Court’ (UPCA) that complements their cooperation and expands it to non-unitary European patents. Although the Court’s jurisdiction is strictly limited to the two main forms of actions that may be brought in the special field of patent protection—infringement and revocation—its establishment deserves an analytical evaluation from the perspective of general European Union law because it is the first time that Member States create a common court aside of the EU’s judicial system not only for the settlement of disputes arising under their own—national or internationally uniform—legal regimes, but also for a legal regime of Union law, the unitary protection of patents. In this regard, it is not so much the sheer size of the new court that attracts attention or the economic importance of the subject matter that comes under its exclusive jurisdiction, but the many fundamental issues and controversies that accompanied its creation and that are still extensively discussed in literature. Leaving aside doctrinal problems of a proper qualification of the UPC as a common court of Member States, the main concerns relate to (i) the need for and the risks of the (over-)specialization of the UPC as a technical expert court; (ii) the legitimacy and democratic deficits of the UPC as a jurisdiction the rules and operation of which are essentially determined through self-regulation by the patent law community; (iii) the difficulties of properly qualifying the nature of the rules of substantive law of both the EU’s Regulation on unitary patent protection and of the UPCA, the ambivalence of which seemingly allowing much room for interpretation and for curtailing the reach and primacy of Union law; (iv) the related problems of adequately defining the relationship between the UPC and the Court of Justice of the EU as regards safeguarding the autonomous and uniform interpretation of Union law; and (v), more generally, the structural imbalances within the EU’s judicial system that may result from the establishment of common courts of Member States the jurisdiction of which covers the very substance of a legal regime of the Union.

Ethical dimension of a probation officer's work

The presented article concerns the issue of the work of a probation officer in the context of the ethics of the profession from a theoretical and practical perspective. Probation officers are employees of common courts. They have psychological, legal, pedagogical or sociological education. The tasks entrusted to them relate to readaptation, rehabilitation, education and control, as well as documents administration and interactions in the environment of their charges. Direct contact with the client is emotionally difficult, and the problems that arise in the work of the probation officer concern all kinds of human affairs. A probation officer is a trustworthy person and should also be of impeccable character. Having qualities that allow him/her to practice his/her profession competently, a probation officer works in formal and informal areas, and therefore takes responsibility for the daily lives of his/her charges. A probation officer is required to be a competent and tolerant person, and to perform the assigned duties effectively. The probation officers' sphere of values may differ from the sphere of values of their clients, but it cannot be a permanent obstacle to working for their welfare. It is important that a probation officer is both a good person and a reliable specialist.

Gloss on the Judgement of the Polish Supreme Court of 2 June 2022, I KZP 17/21

The article discusses the decision of the Polish Su­preme Court of 2 June 2022, I KZP 17/21. The ruling of the Su­preme Court was issued based on a legal question submitted by a common court in relation to the European Investigation Or­der (EIO). The Author refers to the ruling by discussing broadly both the issues of the legal question and the authority issuing the European Investigation Order within the framework of pre-trial proceedings. Of paramount importance are the characteristics of the subjective sphere, i.e. the authority empowered to issue a European Investigation Order from the point of view of legally protected confidential information, in particular bank secrecy constituting the subject matter that served the basis for the ruling of the Supreme Court being commented herein.

Glosa do wyroku Sądu Apelacyjnego w Łodzi z dnia 25 kwietnia 2018 r., I AGa 109/18

Gloss to the judgment of the Court of Appeal in Łódź of April 25, 2018, case file no. I AGa 109/18 The aim of the study is to analyze and evaluate the judgment of the Court of Appeal in Łódź of April 25, 2018, case file no. I AGa 109/18. In that judgement, it is stated that, in the event of an action for the right to take over the assets of a general partnership being brought against a partner on whose part there was no reason for the dissolution of that entity (Article 66 of the Polish Code of Commercial Companies), the court must assess the reasons for which a formal declaration of termination of the general partnership agreement was made, as well as the substantive reasons justifying the making of such declaration. At the same time, the Court stated that it was unnecessary to justify the termination of a general partnership. The position taken by the Court deserves only partial approval. The author proves this thesis by first analysing the arguments used by this Court and then comparing the aforementioned judgment with other decisions of common courts of law and the views of the doctrine.

Zawieszenie w pełnieniu obowiązków nauczyciela akademickiego

The article characterizes the institution of suspension of an academic teacher from his duties currently functioning in domestic Polish law. It is divided into six parts. The study discusses the evolution of the suspension of an academic teacher from his duties since 1990, the forms of suspension, the formal and substantial prerequisites for the optional suspension and the legal consequences of the suspension of an academic teacher. The issue of the functioning of the institution in question as part of disciplinary proceedings has been presented both from the theoretical and legal aspect, as well as from the point of the regulations of criminal procedure and labor law. The article draws on the body of literature on the suspension of an academic teacher in the performance of his duties and the case law of common courts and the Supreme Administrative Court.