Hearing of a Child as a Reflection of the Influence of European Union Law on Polish Civil Procedural Law
摘要
The hearing of a child in Polish civil procedural law is a significant example of the impact of European Union law on national regulations. The principle of protecting children’s rights, derived, among others, from the Charter of Fundamental Rights of the European Union (Article 24), obliges Member States to ensure that children are given the opportunity to express their views in matters affecting them. EU regulations in family and custody law, particularly those concerning child abduction and cross-border disputes, emphasize the obligation to hear children, highlighting the need to consider their well-being and perspectives in the decision-making process. The implementation of these standards has been reflected in the Polish Code of Civil Procedure, specifically in Articles 216(1) and 576(2). These provisions underline the right of a child to express their opinions in a manner appropriate to their age and maturity. The introduction of this practice strengthens the realization of the principle of the child’s subjectivity, which is one of the cornerstones of the European approach to human rights protection. The influence of EU law is also evident in judicial practice, which increasingly prioritizes creating child-friendly conditions for hearings. These changes underline the growing harmonization of Polish law with EU standards for the protection of children’s rights.