Implementation of the Collegiality Principle before the Court of Second Instance after the Amendment to the Civil Procedure Code of 7 July 2023

The principle of collegiality is one of the guiding principles of the justice system. It is assumed to ensure a higher standard of proceedings and thus increases the legitimacy of the judgment in public perception. By the Act of 7 July 2023 amending the Act – Civil Procedure Code and some other acts, it was adopted that the court of second instance adjudicates in a single-judge panel. The new regulations not only raise a lot of controversies, but also cause a number of interpretation problems. This article considers the essence of the principle of collegiality in second-instance proceedings and discusses the effects of the changes introduced by the amendment of 7 July 2023.

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Publication Details

Journal
Annales Universitatis Mariae Curie-Skłodowska sectio G (Ius)
Published
2024-10-04
DOI
https://doi.org/10.17951/g.2024.71.2.27-44
Primary Topic
Legal and Policy Analysis in Indonesia
Type
article
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article

Implementation of the Collegiality Principle before the Court of Second Instance after the Amendment to the Civil Procedure Code of 7 July 2023

Joanna Kruk
Annales Universitatis Mariae Curie-Skłodowska sectio G (Ius)
Legal and Policy Analysis in Indonesia
article

Implementation of the Collegiality Principle before the Court of Second Instance after the Amendment to the Civil Procedure Code of 7 July 2023

Joanna Kruk
article en

Abstract

The principle of collegiality is one of the guiding principles of the justice system. It is assumed to ensure a higher standard of proceedings and thus increases the legitimacy of the judgment in public perception. By the Act of 7 July 2023 amending the Act – Civil Procedure Code and some other acts, it was adopted that the court of second instance adjudicates in a single-judge panel. The new regulations not only raise a lot of controversies, but also cause a number of interpretation problems. This article considers the essence of the principle of collegiality in second-instance proceedings and discusses the effects of the changes introduced by the amendment of 7 July 2023.

Annales Universitatis Mariae Curie-Skłodowska sectio G (Ius)Vol. 71(2)
University of Warsaw (PL)
Peace, Justice and strong institutions
Openalex Percentile: Top 67%
Legal and Policy Analysis in Indonesia
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