The author is critical of the case law which excludes the existence of an appeal against the ruling of the court of second instance, which formally concludes the proceedings in the case, including a ruling which dismisses the application for reopening proceedings. In case of collision between the postulate of stability of final judgments and the rule of law, the former should give way to the latter. In the author’s opinion, a procedure which, on the one hand, provides for the review of less important (ancillary) formal rulings of the court of second instance and, on the other hand, does not allow for a similar one with respect to more important rulings that conclude the proceedings in the case, contradicts the rationality and coherence of the entire legal system. The author advocates the admissibility, by analogy, of a devolutive appeal (to the Supreme Court) against the ruling of the second instance court dismissing the application for reopening proceedings in the so-called cassation cases, and in other cases – to a different panel of the second instance court. In terms of desirable legislative amendments, he postulates restoration of the repealed Article 3941(2) or a modification of Article 3942(11) of the Polish Code of Civil Procedure.