Odpłatność wymiaru sprawiedliwości w sprawach cywilnych w świetle konstytucyjnej zasady prawa do sądu
- Institution: Uniwersytet Wrocławski
- Year of publication: 2016
- Source: Show
- Pages: 253-273
- DOI Address: https://doi.org/10.15804/ppk.2016.05.15
- PDF: ppk/33/ppk3315.pdf
The costs of judical proceedings in the light of the constitutional principle of the right of recourse to court
The right of recourse to court is one of the basic rights, which are guaranteed for an entity at the constitutional level in every democratical state. One of its parts is the access to court, which determinates the possibility of starting the proceedings before the court, in order to defend one’s rights. The aim of this elaboration is presenting the access to court in the civil proceedings in the light of costs of this proceeding. The author underlines the function of the legal costs by recalling the doctrine views, the position of the jurisdiction and by underscoring the guidelines of the Constitutional Tribunal in this area. Moreover, the institutions of the exemption from the costs and legal aid in polish law are analysed in the elaboration. Basing on the analisis, the author makes a conclusion, that the model of paid civil proceeding is not contrary to the right of recourse to court, that the current solution is compatibile with the general limitation clause and justified by the function and role of the institution of legal cost in the democratical state of law.