Supreme Court dismisses extraordinary review due to prosecutor's late filing exceeding statutory six-month deadline.
Poland (PL)
Legislator summary
AI generatedThe Supreme Court dismissed the extraordinary review filed by the General Prosecutor against a lower administrative court decision. The original prosecutor's complaint against municipal resolutions was filed in September 1996, well after the six-month deadline mandated by Article 35(2) of the Administrative Court Act. The General Prosecutor argued that the Law on the Prosecutor's Office provided an unlimited right to appeal, but the court rejected this interpretation. The court held that the specific statutory time limit for prosecutors overrides general provisions regarding the prosecutor's powers, rendering the late filing inadmissible.
Legislator headnote
AI generatedArt. 35 ust. 2 ustawy o Naczelnym Sądzie Administracyjnym; Art. 5 ustawy o prokuraturze: The specific six-month time limit for a prosecutor to file a complaint to the Administrative Court prevails over general provisions granting unlimited rights to appeal, and failure to meet this deadline results in the inadmissibility of the extraordinary review.