A consumer participation in separate proceedings : a critical examination

The legislative act of 9March 2023 introduced a novel type of separate proceedings into the legal system: proceedings with consumer However, this short amendment raises several crucial procedural issues that contribute to the further destabilization of the existing system of separate proceedings within the civil process. The central thesis of the article is that consumer protection does not necessitate the creation of additional separate proceedings. Given the novelty of the proposed regulation, the available legal literature remains limited. Nevertheless, this limitation justifies the author’s engagement in a discussion about regardingthe rationale behind this new procedural concept. Notably, the imperative to protect consumers does not inherently require the establish-ment of distinct proceedings. In this context, the article highlights several fundamental drawbacks of the proceedings with participation of consumers. Furthermore, it suggests solutions – particularly addressing the collision between the previously mentioned separate proceedings with the other existing separate proceedings. Employing a dogmatic approach, the analysis leads to the conclusion that the anticipated collision will not be as severe as initially expected. The presented article can be — hopefully — useful for legal practitioners as a form of commentary to the new regulation