Legislator Case Law & Legislation
III AO 3/96 AI generated

Court dismisses request to exclude all judges when plaintiff admits no objections to partial impartiality.

Case Number III AO 3/96
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court dismissed the plaintiff's request to exclude all judges from the specific court and appellate court. Although the plaintiff sought total exclusion, he explicitly stated in his application that he had no reservations regarding the impartiality of some judges and could not differentiate between them. The court ruled that such a blanket exclusion would violate the law since the plaintiff admitted the absence of objective grounds for bias, making the request legally inadmissible.

Legislator headnote

AI generated

Art. 49 KPC; Art. 52 § 1, 2 KPC: A request to exclude all judges is inadmissible when the applicant admits no objections to the impartiality of certain judges, as this constitutes a clear violation of the law.

Keywords

AI generated
exclusion of judges impartiality of judges blanket exclusion conflict of interest Supreme Court decision procedural law objection to impartiality

Cited Legislation

AI generated
Art. 49 KPC
Art. 48 KPC
Art. 52 § 1 KPC
Art. 52 § 2 KPC
Art. 59 § 1 ust. 2 Prawo o ustroju sądów powszechnych

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