PPE 2/2024
Nowe przepisy o zaświadczeniach dotyczących orzeczeń sądów polskich w sprawach objętych zakresem rozporządzenia Bruksela II ter (art. 795(11a)–795(11c) k.p.c.)
dr Bartosz Trocha
radca prawny; ORCID: 0000-0002-9548-871X
ABSTRACT
New Regulations on Certificates that Concern Rulings of Polish Courts in Matters Covered by Regulation Brussels II ter (art. 795(11a)–795(11c) Code of Civil Proceedings)
dr Bartosz Trocha, legal counsel; ORCID: 0000-0002-9548-871X
The paper analyses art. 79511a–79511c of the Code of Civil Proceedings introduced under the amending Act of 26 January 2023. New regulations include certificates that concern rulings of Polish courts that are covered by Regulation 2019/1111 (Brussels II ter). The legislator has determined their function as supplementary and detailing the application of standards provided for in the Regulation. According to the analysis of the wording of new regulation as well as the justification to its bill, at least several components have not been treated with due care. Diagnosed problems result primarily from the insufficient cohesion of adopted solutions with other institutions of civil trial law, including but not limited to its form determined in the present wording of the Code of Civil Proceedings.
Keywords: certificates, Regulation 2019/1111, Regulation Brussels II ter, recognition and enforcement of rulings, international civil proceedings