Poland’s Justice Ministry has proposed legal changes to create an online, searchable database of court-appointed experts, streamlining access for courts and parties involved in legal proceedings.
Online Search for Court Experts Proposed
The Justice Ministry has published a draft amendment to the law that would allow for the online search of court experts. A teleinformatic system managed by the president of the regional court will maintain a list of these experts.
Access to the data will be granted to entities such as courts and prosecutors, as well as, to a limited extent, parties involved in the proceedings.
Current System and its Limitations
Currently, lists of court experts are maintained in paper form by the presidents of individual regional courts and are publicly available in the secretariats of those courts and through the Public Information Bulletin. The proposed changes aim to improve the acquisition and dissemination of this information for court proceedings.
Data to be Included in the Database
The proposed solutions will allow for the maintenance of the expert list in electronic form, within a teleinformatic system administered by the Minister of Justice. This will integrate experts into the “ROBUS” system (Register of Persons Participating in Court Proceedings), designed to support the functioning of the justice system and improve access to information about professionals involved in court cases.
Data Access and Privacy Regulations
The list will include the expert’s name, PESEL number, address for service, email address, phone number, appointment date, and specialization. The Minister of Justice, courts, the Prosecutor General, prosecutors from public prosecution units, and prosecutors from the Institute of National Remembrance will have full access to this information.
For other interested parties, the list available at the court and through the teleinformatic system will exclude the address, email address, and phone number, unless the expert consents to their disclosure, and will also exclude PESEL numbers, ensuring compliance with GDPR regulations.
Previous Attempts and Ongoing Legislative Efforts
A similar proposal was previously included in a draft amendment to the law on the organization of common courts, but it was withdrawn when the Ministry began work on a comprehensive law on court experts and expert institutions. This new law aims to regulate the process of acquiring and losing the qualifications to act as a court expert and to introduce more favorable remuneration conditions.
While work on this law has been ongoing for nearly two years, the Ministry acknowledges that its completion will take more time. However, the current proposed changes are considered a step towards the legal framework planned in the upcoming law.
Additional Proposals: Sign Language Interpreters
The Ministry of Justice also proposes a clear provision enabling deaf individuals to receive free sign language interpreter assistance in court proceedings, mirroring the support provided to those who do not sufficiently speak Polish and are provided with a sworn translator.
This solution stems from consideration of the Polish Institute for the Deaf’s petition and aims to remove financial barriers for deaf individuals seeking legal recourse.
Legislative Stage
Project in agreement, public consultations and opinion.
