Full Description
At the beginning of 2020, the Polish justice system faced an unprecedented challenge due to the outbreak of the COVID-19 pandemic. The need to reduce face-to-face contact, limit the activities of public institutions and introduce remote work forced the legislator to fundamentally restructure the model of civil proceedings. This book describes the changes to the law introduced between 2020 and 2024 in the field of civil proceedings, focusing on the COVID-19 Special Act. The research objective was to analyse the provisions introduced in the COVID-19 Special Act and to verify whether they comply with the standard of a fair trial under the Polish Constitution, the ECHR and the Charter of Fundamental Rights of the EU. The aim of the study was also to analyse the practice of application of the discussed institutions by the courts and to assess whether they should become a permanent part of Polish law after the pandemic, and under what conditions.
Contents
Introduction — 1. European Convention on Human Rights — 2. The right to a fair trial under the law of the European Union — 3. Constitution of the Republic of Poland — 4. Impact of selected guiding principles of civil procedure on the implementation of the right to a fair trial — 5. The COVID- 19 pandemic as a premise for the limitation of civil rights and freedoms — 6. Remote court hearings — 7. Hearing of the case in a closed session — 8. Court composition in civil proceedings in the era of the COVID- 19 pandemic — 9. Service of judicial documents via the Information Portal of the Common Courts — 10. Suspension of procedural time limits in the era of the COVID- 19 pandemic — 11. Impact of the COVID- 19 pandemic on the course of enforcement proceedings — Conclusions — Bibliography — Index
