Publication details
Der Einfluss der COVID-19 Pandemie auf das Zivilprozessrecht in Tschechien und Polen
| Title in English | The Impact of the COVID-19 on Civil Procedure Law in the Czech Republic and Poland |
|---|---|
| Authors | |
| Year of publication | 2021 |
| Type | Article in Periodical |
| Magazine / Source | Zeitschrift für Europarecht, Internationales Privatrecht und Rechtsvergleichung |
| MU Faculty or unit | |
| Citation | |
| Web | Repozitář MU |
| Keywords | civil procedure; czech civil procedure; polish civil procedure |
| Attached files | |
| Description | This paper deals with the impact of the COVID-19 pandemic on civil procedure law in the Czech Republic and Poland. It aims to present and compare the most important changes in the Czech and Polish civil procedure, execution and insolvency. The changes in the Czech and Polish legislation mainly concerned the running of procedural time limits, which were either interrupted (Poland) or allowed to be restored (Czech Republic). Other changes concerne d court hearings. The Polish regulation has implemented the possibility of oral proceedings using technical devices that make it possible to hold it at the distance, with direct audio and video transmitted concurrently, but its participants don’t need to be personally present in the courthouse, unless holding a trial or hearing in open court without the use of afore-said devices doesn’t pose an unreasonable threat to its participants. Even before the pandemic, Czech law allowed hearings by means of videoconferencing, or the participation of a party, interpreter, expert or witness using technical means of audio and video transmission, even without the consent of the parties. In addition, the Polish regulation has extended the possibility of decision in written proceedings, which is, however, criticised in the doctrine. In the area of execution proceedings, Polish and Czech law have made the auction of a debtor‘s residence more difficult or excluded it in principle for the duration of the pandemic. In the area of insolvency law , the pandemic legislation in the Czech Republic has, above all, significantly limited the possibility of opening insolvency proceedings until 31 August 2020. Even if, according to the current regulation, creditors are no longer prevented from filing insolvency petitions, the debtor can be protected by a so-called extraordinary moratorium. Under the Polish law If the basis for the declaration of bankruptcy of the debtor arose during the period of an epidemic threat or state of epidemic announced due to COVID-19, and the state of insolvency arose due to COVID-19, the time limit for submitting a bankruptcy petition referred to in Art 21 of the Act of February 28, 2003 – Bankruptcy Law does not begin, and the started one is interrupted. After this period, the period starts running anew. The pandemic has affected civil procedure in various areas. However, not all legal measures that have changed civil procedur e have been accepted uncritically by doctrine and practice. For example, in the Czech Republic, the possibility of postponing the execution of a judgment for the duration of the pandemic was criticised as an inappropriate and inadequate instrument. In Poland, the extensive possibility of written proceedings has also met with strong criticism. It’ s har d to unambiguously evaluate the afore-discussed special solutions adopted in connection with the breakout of the coronavirus pandemic. On the one hand some of the said regulations undoubtedly limit openness and contradictoriness of civil proceedings, which adversely affects the standard of legal protection that can be obtained in proceedings befor e the court. On the other hand the applicability thereof is dictated by the public health protection, which in this case is provided through limitation of interpersonal contact. The legislator inconsistently determined the time frame for effectiveness of special regulations, which was referred to hereinabove. Once the state of epidemic threat or the state of epidemic is called off, one should postulate to reverse the implemented special solutions by way of one act and to return to the application of general solutions provided for in the Code of Civil Proceedings. |