DIFFERENT STANDARD OF LEGAL PROTECTION IN ELECTRONIC WRIT PROCEEDINGS – JUSTIFIED NEED OR THE LEGISLATOR’S ARBITRARINESS?

Abstract

A different standard of legal protection granted in accelerated proceedings, which includes electronic writ proceedings (EWP), may and should be justified by the nature or subject of a given procedure. However, the separate lex specialis provisions introduced in the proceedings as compared to the solutions of ordinary proceedings may not lead to arbitrary limitations of the right to a court. The EWP, in the form given to it by the amendment of 4 July 2019, has largely been reduced to a sui generis court order for payment procedure, allowing for the pursuit of undisputed pecuniary claims. At the same time, it is still a way to obtain an enforce able title. From this perspective, the different standards introduced by the legislator resulting from the provisions of Art. 505 34 § 1 and 2 and art. 505 37 § 1 and 2 of the Code of Civil Procedure. The article is devoted to the analysis of the above-mentioned regulations and assessing whether the nature or subject of EWP justifies the differences provided for therein.