Skip to main content
Contribution to Book
Is the Socialist Legal Tradition 'Dead and Buried?' The Continuity of the Certain Elements of Socialist Legal Culture in Polish Civil Procedure
Private Law and the Many Cultures of Europe (2007)
  • Rafal Manko
Abstract
The present paper draws attention to survivals of the Socialist Legal Tradition in the Polish law of civil procedure. The first survival is the power of the prosecutor in civil proceedings: since 1950, a public prosecutor may - following the Soviet model - initiate any civil proceedings and join any ongoing civil proceedings (as from 1965 an action for divorce is excluded from the scope of the prosecutor's powers). The prosecutor's powers in this respect have not been limited nor eliminated after 1989. The second legal survivals studied in the paper is the extraordinary revision, a form of appeal launched in the public interest by a high public official (minister of justice, attorney general, ombudsman). The paper argues that the currently existing powers of the said public officials to launch a cassation (kasacja) should be treated as a continuity of the pre-1996 extraordinary revision (rewizja nadzwyczajna). The third legal survival of the Socialist Legal Tradition is the preliminary reference to the Supreme Court, introduced in 1950 and continuously applied until today. In conclusion, the paper states that despite the demise of the Socialist Legal Tradition, its survivals within Polish legal culture - and in particular within the law of civil procedure - must not be overlooked
Keywords
  • Polish law,
  • socialist law,
  • Socialist Legal Tradition,
  • legal survivals,
  • civil procedure,
  • prosecutor,
  • preliminary reference,
  • extraordinary revision,
  • extraordinary cassation
Publication Date
2007
Editor
Thomas Wilhelmsson, Elina Paunio & Annika Pohjolainen
Publisher
Kluwer Law International
Citation Information
Rafal Manko. "Is the Socialist Legal Tradition 'Dead and Buried?' The Continuity of the Certain Elements of Socialist Legal Culture in Polish Civil Procedure" Aalphen aan de RijnPrivate Law and the Many Cultures of Europe (2007)
Available at: http://works.bepress.com/rafal_manko/7/