Konsekwencje procesowe nieopłacenia wniosku o uzasadnienie w k.p.c.

Content of an article 328 § 4 of the Polish Code of civil procedure, which was introduced by an amendment to the Code of civil procedure of 4 July 2019 raises essential doubts as to whether an unpaid motion for written statement of reasons of judgment (or decision) should be dismissed on formal grounds, or whether it is obligatory to call a party (or his attorney) to make up the fiscal deficit within a prescribed period. A scope of the issue significantly concerns a right of access to a court, therefore an interpretation of this statutory law shall specifically take into account established constitutional and international standards. The author raises these issues and comes to a conclusion that procedural consequences of filing an unpaid motion for written statement of reasons depends on a status of applicant – for an attorney at law it shall be dismissal of the motion. Meanwhile in a case when applicant is a regular party, then a presiding judge shall call him to pay the fee due within a prescribed period.