The Role of the Supreme Court in Civil Proceedings in Poland

Abstract

The Supreme Court, present in most legal systems, serves a distinct function. As a court of law than a court of fact, it does not rehear cases in another instance; instead, it reviews appeals such as cassation complaints, actions seeking a declaration of unlawfulness of a final judgement, or other extraordinary appeals. As states have a great deal of freedom in structuring their judicial systems, provided the fundamental right of access to a court is upheld, various limitations in accessing the Supreme Court are often applied. These restrictions ensure that only cases of genuine importance reach this highest judicial body. The institution of pre-judgment serves this very purpose, allowing the Supreme Court to perform its functions unhindered. It would be possible to introduce more far-reaching restrictions, such as regarding cases involving property claims. At the same time, it is necessary to enhance the professional nature of proceedings before this court, which is achieved in part through the requirement of mandatory representation by an advocate.