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Dr Michalina Szpyrka
ORCID: 0000-0001-7678-5287

Assistant professor at the Institute of Legal Studies of the Polish Academy of Sciences, specializing in the application of fundamental rights to domestic proceedings and in technology law. Academic lecturer combining legal expertise with issues of innovation and AI. Author of scholarly publications and member of GRAI.

 
DOI: 10.33226/0137-5490.2026.10.5
JEL: K23, K33, K35, K38, K41

The article examines the problem of the differentiation of the legal situation against consumer debtors in bankruptcy proceedings under the conditions of court procedure digitisation. In light of European Union law, especially Art. 47 of the Charter of Fundamental Rights of the EU and objectives of the Directive 2019/1023, it has been proventhat EU-consistent interpretation oblige national courts to interpret bankruptcy law provisions in a way that ensures equal access to the court at all stages of the proceedings. A dogmatic and systemic analysis of Articles 491²(3) and 216aa of the Polish Bankruptcy Law leads to the conclusion that the right to submit pleadings in paper form should also be granted after the declaration of bankruptcy. The findings have practical significance – enabling courts to eliminate interpretative ambiguities without legislative amendments, thus strengthening the protection of fundamental rights and the efficiency of the justice system.

Keywords: bankruptcy law; EU-consistent interpretation; principle of legitimate expectations; right to a court; Directive 2019/1023