Czynności konsulów na wniosek organów wymiaru sprawiedliwości - stary model opierający się na potrzebie zmian

Abstrakt

The paper examines the manner in which consuls, at the request of the Polish judicial authorities, carry out their functions in regard to transmitting judicial documents and taking evidence from the hearings of parties, participants, witnesses in proceedings or suspects. While presenting the consular perspective and explaining the practices in place, an attempt is made to question the legitimacy and the need to engage consular posts by courts and public prosecutors to transmit documents and interrogate abroad. The Author concludes that current legal instruments and the accessibility of modern civilizational achievements should lead to abandoing the use of consular assistance and encourage Polish judicial authorities to use available direct actions in relation to the entities residing abroad involved in domestic proceedings, which are more effective, faster and cheaper. Persisting demand for consular services in this sphere is now to a large extent a result ofcertain commitment to the well-established mechanisms rather than real necessity.