NCJ Number
61151
Editor(s)
J WEISNER,
J YABLON
Date Published
1978
Length
31 pages
Annotation
PROCEDURES IN POLAND FOR FACILITATING CITIZENS' ACCESS TO MECHANISMS FOR DISPUTE RESOLUTION ARE DISCUSSED.
Abstract
CIVIL COURT COSTS IN POLAND ARE NOT EXCESSIVE, ALTHOUGH THEY ARE HIGH ENOUGH TO DISCOURAGE PETTY, ILL-CONSIDERED DISPUTES. SPECIAL PROVISIONS EXEMPT LOW-INCOME LITIGANTS AND CLAIMS OF SPECIAL SOCIAL SIGNIFICANCE FROM COURT AND COUNSEL COSTS. FREE LEGAL INFORMATION IS READILY AVAILABLE FROM SOCIAL ORGANIZATIONS AND THE MASS MEDIA. TWO WIDELY-USED, SPECIAL PROCEDURES WHICH EXPEDITE CLAIMS NOT REQUIRING THE FULL JUDICIAL PROCESS INVOLVE THE OBTAINMENT OF AN ORDER OF PAYMENT FROM THE STATE NOTARIAL OFFICE IN CASES WHERE THE CLAIM IS UNQUESTIONABLY DOCUMENTED AND IN SMALL DEBT CASES. IN CASES WHERE A SETTLEMENT OR CONCILIATION WOULD BE PERMISSIBLE, THE COURT IS BOUND AT EVERY STAGE OF THE PROCEEDINGS TO ACHIEVE THIS GOAL. OF SIGNIFICANT IMPACT ON ACCESS TO JUSTICE IN POLAND IS THE 1974 LABOR CODE, WHICH ESTABLISHED AN INSTITUTIONAL STRUCTURE TO DEAL SOLELY WITH LABOR DISPUTES AND WORK-RELATED SOCIAL INSURANCE CLAIMS. THE STRUCTURE IS A COMBINATION OF SOCIAL DISPUTE RESOLUTION MECHANISMS (A DECENTRALIZED, INFORMAL, LAY SYSTEM) AT THE FIRST INSTANCE, WITH A MORE STRUCTURED JUDICIAL JUSTICE SYSTEM AT THE SECOND INSTANCE, ALONG WITH THE POSSIBILITY OF AN EXTRAORDINARY APPEAL TO THE SUPREME COURT. WORKERS' COURTS EXIST AT STATE COMPANIES TO DEAL WITH LABOR DISPUTES, AND SOCIAL CONCILIATORY COMMITTEES ACT ON A VOLUNTARY BASIS TO RESOLVE DISPUTES SUBMITTED BY PARTIES IN NEIGHBORHOOD DISPUTES. THE COMMUNITY SOCIAL COURTS ARE APPARENTLY EFFECTIVE, WHEREAS THE WORKERS' COURTS ARE SELDOM USED. FOOTNOTES AND A TABLE ARE INCLUDED. (RCB)