Notary appeal dismissed; disciplinary proceedings for negative evaluations must be administrative, not disciplinary.
Legislator summary
AI generatedThe 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 generatedArt. 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.