The "Skarga Nadzwyczajna" in Poland – A Story of Ambition, Failure, and (Inevitable) Demise

Abstract

The skarga nadzwyczajna (extraordinary complaint), introduced into the Polish legal system in 2018, represented an ambitious attempt to expand judicial protection of constitutional rights and to challenge final court decisions beyond existing extraordinary legal remedies. Although the right to lodge such a complaint was strictly limited to a closed group of public authorities, the scope of its admissibility was remarkably broad. From its inception, the institution drew criticism concerning its redundancy, the risks of political misuse, and its potential to undermine legal certainty. This article analyses the doctrinal foundations, normative framework, and practical operation of the extraordinary complaint in the context of Polish civil procedure. Particular attention is paid to its interpretative ambiguities and structural issues, as well as to current legislative developments aimed at repealing the mechanism. The author argues that these efforts reflect a rational response to the doctrinal and functional unsustainability of the institution in a modern rule-of-law-based legal system.