Appeal proceedings and exemption from court costs - latest Constitutional Court ruling

On the subject of the procedure for exemption from court costs at the appeal stage, it is worth noting the most recent decision of the Constitutional Tribunal of 8 May 2024, issued in the case ref. SK 59/21. The issue analysed by the Constitutional Tribunal was the then lack of possibility to appeal against the decision on refusal of exemption from court costs issued for the first time by the appellate court.

Judgment of the Constitutional Court

In the judgment in question, the Constitutional Court explicitly ruled that:

Article 3942 § 11 of the Act of 17 November 1964. - Code of Civil Procedure (Journal of Laws of 2023, item 1550, as amended), in the version in force until 30 June 2023, to the extent to which it precludes challenging a decision dismissing an application for exemption from court fees on an appeal issued by a court of second instance, is inconsistent with Article 45(1) in conjunction with Article 77(2), Article 78, Article 176(1) and Article 31(3) of the Constitution of the Republic of Poland. 

Specifying the above, it is indicated that the then wording of Article 3942 § 11 of the Code of Civil Procedure. - in the assessment of the Constitutional Tribunal in particular violated the right to a court (i.e. the right resulting directly from Article 45 paragraph 1 of the Constitution of the Republic of Poland).

The Constitutional Tribunal confirmed and unequivocally expressed the fact that the legislator should regulate the institution of exemption from court costs in such a way that the filing of a motion in this scope and its subsequent examination does not hinder the parties from exercising the catalogue of other rights in court proceedings, including in particular not entailing negative procedural consequences.

Essence of the institution - exemption from court costs

Studying the position of the Constitutional Tribunal, it is impossible not to draw attention to the fact that exemption from court costs is an entirely necessary and indispensable instrument for ensuring access to court - given the chargeable nature of court proceedings. The constitutional obligation to create regulations ensuring access to court for those who are not able to actually bear the costs of court proceedings should include and (currently) unequivocally covers also proceedings before the court of second instance.

Why is this ruling important?

Until 30 June 2023, a party who was refused exemption from court costs at the appeal stage was forced to use the solution based on Article 380 of the Code of Civil Procedure, and this in connection with challenging the decision of the court of second instance rejecting the appeal - nevertheless, in the case of a substantive acknowledgement that the refusal to grant exemption from court costs was justified, this party did not have the possibility to supplement the fiscal deficiencies of the appeal pursuant to Article 112 § 1 and 2 of the Act on Court Costs in Civil Cases, which constituted a significant limitation of the guaranteed possibility to assert the party's rights before the court.

It should also be noted that the described judgment of the Constitutional Tribunal of 8 May 2024, stating the unconstitutionality of a legal norm, constitutes an absolute and entirely justified basis for the initiation of actions aimed at resumption of proceedings in cases in which a final court decision, final administrative decision or a decision in other cases was issued on the basis of a normative act deemed by the Constitutional Tribunal to be inconsistent with the Constitution, an international agreement or a statute (pursuant to Article 190(4) of the Constitution of the Republic of Poland). In this case it is pointed out that for the proceedings - to which Article 3942 § 11 of the Code of Civil Procedure in the wording until 30 June 2023 was applicable and which were terminated in the absence of the possibility of effective appeal against the decision refusing exemption from court costs - the way was opened to apply the benefits of Article 4011 of the Code of Civil Procedure.

Should you have any doubts or need to take the legal action described above - we invite you to contact us.