Scope of Appeal against Refusal to Make Extracts or Copies of Files in Preparatory Proceedings
The term “providing access to files” in the article 159 of the Polish Code of Civil Procedure has blank character, referring to the regulations stipulating the rights and obligations related to the provision of files in the preparatory proceedings. Therefore, the meaning of this term should be decoded in reference to other regulations. It was shown that terms “providing access to files”, “making excerpts or copies” and “issuing certified excerpts or copies” in the article 156 § 5 constitute arguments of conjunction, as a result of which a procedural decision must be of the same type (positive or negative) and must cover all parts of the conjunction together. It was also proved that making the files available in such a way that a party could record their contents is supported by functional interpretation and guarantees under the right of defense.
