Legislator Case Law & Legislation
III RN 30/96 AI generated

Notary appeal dismissed; disciplinary proceedings for negative evaluations must be administrative, not disciplinary.

Case Number III RN 30/96
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court dismissed the Minister of Justice's appeal against a disciplinary court's acquittal of a notary. The court held that proceedings initiated solely based on two negative work evaluations by a notarial visitor constitute a special administrative procedure, not a disciplinary one. Consequently, the disciplinary court lacked jurisdiction to issue an acquittal in this context, as such proceedings require a formal request to initiate disciplinary action and cannot rely on general suitability assessments.

Legislator headnote

AI generated

Art. 16 § 3 Prawa o notariacie; Art. 50 Prawa o notariacie: Proceedings for a notary's appeal based solely on negative work evaluations are special administrative procedures, not disciplinary proceedings, and thus a disciplinary court cannot issue an acquittal in such matters.

Keywords

AI generated
notary disciplinary proceedings negative work evaluation administrative procedure notarial visitor assessment jurisdiction of disciplinary court special administrative procedure acquittal invalidity

Cited Legislation

AI generated
Art. 16 § 3 of the Notary Law of 14 February 1991
Art. 50 of the Notary Law of 14 February 1991
Art. 58 of the Notary Law of 14 February 1991
Art. 16 § 1 pkt 4 of the Notary Law of 14 February 1991
Art. 106 § 5 of the Administrative Procedure Code
Art. 4 of the Act of 29 June 1995 on amending the Criminal Procedure Code

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