Supreme Court dismisses extraordinary review for procedural error closing access to independent court review violating ECHR Art. 6.
Poland (PL)
Legislator summary
AI generatedThe Supreme Court dismissed the extraordinary review filed by the President of the Administrative Court against a decision rejecting a citizen's appeal. The lower court had rejected the appeal because the citizen missed a one-month deadline to request the removal of a legal interest violation before filing the administrative appeal. The Supreme Court found this reasoning flawed because the citizen had previously filed a valid appeal in May, which the lower court incorrectly treated as untimely. Consequently, the Supreme Court ruled that the lower court's error closed the citizen's path to an independent court, constituting a violation of Article 6 of the European Convention on Human Rights.
Legislator headnote
AI generatedArt. 101 ust. 1, 3 ustawy o samorządzie terytorialnym; art. 199 § 1 k.p.a.; Art. 6 Konwencji o ochronie praw człowieka: A procedural error closing access to an independent court constitutes a flagrant violation of law and the Convention.