Agnieszka Gołąb

Jurisdictional immunity of the state in cases involving serious human rights abuses

powstanie

In a decision of 29 October 2010 (IV CSK 465/09), the Polish Supreme Court examined the case of Wincjusz Natoniewski, a survivor of the Second World War, who instituted civil proceedings against the Federal Republic of Germany claiming compensation for injuries he suffered as a consequence of acts perpetrated by German armed forces in 1944. This case is one of many in which survivors of large-scale armed operations against civilians and other barbaric acts seek compensation from the state. Such cases involving serious human rights violations call into question the issue of a state’s entitlement to immunity.

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Posted on 13/02/2015 by Agnieszka Gołąb in Civil Procedure

Reopening civil proceedings as a result of a judgment of the European Court of Human Rights

ecthr

The Polish Code of Civil Procedure does not provide for the effects of judgments of the European Court of Human Rights (ECHR) on pending or final cases examined by Polish courts. Therefore, the question whether a judgment of the ECHR stating an infringement of Article 6 sec. 1 of the European Convention on Human Rights should lead to the reopening of civil proceedings is a contentious and hotly debated topic in Polish legal literature. This issue has also been addressed by the Polish Supreme Court on several occasions, most notably by a panel of seven judges in a judgment of 30 November 2010, III CZP 16/10.

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Posted on 10/08/2014 by Agnieszka Gołąb in Civil Procedure

New rules regarding the concentration of procedural material

gosczaparatem

By Act of 16 September 2011 (Dz. U. 2011, no 233, item 1381) a vast reform of general and enforcement proceedings was adopted by the Polish Parliament. The Act entered into force on 3rd May 2012. Among many changes introduced by this Act, an emphasis should be put on the new rules of presenting facts and evidence by the parties. The reform of 16 September aims at introducing a general framework which would facilitate a more efficient concentration of the procedural material. The goal of the new regulation consists in introducing a tool which would apply not only to general examination proceedings, but also to the so-called separate (special) procedures and to the non-litigious proceedings.The new regulation endeavors to encourage the parties to provide facts and evidence at an adequate time (i.e. as early as possible) and thus contribute to a smooth and efficient course of the proceedings.

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Posted on 18/05/2014 by Agnieszka Gołąb in Civil Procedure