Digitization, new procedural institutions and temporary solutions: Is the civil procedure resistant to unexpected outbreaks like Covid-19? Analysis of selected issues in Polish regulations
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[1] Wroclaw University of Technology and Science
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- Localización: Cadernos de dereito actual, ISSN-e 2386-5229, ISSN 2340-860X, Nº. 21, 2023, págs. 8-26
- Idioma: inglés
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Resumen
The subject of considerations of this article is the issues related to ensuring the functioning of the justice system in crisis situations. The covid-19 pandemic has highlighted the real problem of the organizational nature of state bodies, including courts. While the event of force majeure was known, the scale of disruptions in the operation of judicial authorities was so large that it became necessary to implement temporary solutions. The new procedural institutions introduced to counter the effects of the coronavirus pandemic and ensure the continuity of the functioning of the courts raise many doubts regarding their compliance with the basic procedural rules. In Poland, shortly before the outbreak of the pandemic, new tools were also implemented with the intention of accelerating proceedings. In addition, the need for digital transformation of court proceedings has been discussed for years, which is in line with public expectations and, at the same time, could also speed up the time of hearing cases. The coronavirus pandemic has shown that changes to the procedure are necessary, however, they require preparation and implementation of the right to a fair trial, and certainly should not be implemented in a hasty and chaotic manner.
