https://doi.org/10.21697/mj.16494
This article analyses the compliance of Article 386 § 5 of the Code of Civil Procedure, as amended in November 2019, with the Polish Constitution and European standards of fair trial. The provision allows a case to be re-heard by the same judge who issued the quashed judgment, which—according to many legal scholars—raises serious doubts as to the impartiality of the court. This solution may be contrary to Article 45(1) of the Polish Constitution and Article 6(1) of the European Convention on Human Rights. The article discusses the case law of the Supreme Court, the Constitutional Tribunal and the European Court of Human Rights, which emphasises the need to ensure the independence and impartiality of court in practice. In view of the objections raised, the proposal to return to the previous regulation – transferring the case to another judge after the judgment has been overturned – was positively assessed as a solution that guarantees the right to an impartial court and strengthens citizens' trust in the justice system.
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