Legislator Case Law & Legislation
DE FR IT EN
Analyze in Legislator
III RN 61/97 AI generated

Supreme Court quashes administrative removal decision due to failure to notify the notary of disciplinary proceedings.

Case Number III RN 61/97
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed
Open official source Machine-readable Markdown (.md)

Legislator summary

AI generated

The Supreme Court quashed the Minister of Justice's decision to remove a notary from office after finding procedural violations. The notary argued that his rights were violated because he was not notified of the disciplinary proceedings initiated by the Ministry. The court ruled that the Minister was legally obligated to inform the notary when referring the case to the disciplinary court, and the failure to do so constituted a serious breach of administrative procedure laws.

Legislator headnote

AI generated

Art. 16 § 3 Prawa o notariacie; art. 106 § 2 KPA: When the Minister of Justice refers a notary's case to a disciplinary court for removal, the Minister must simultaneously notify the notary, and the disciplinary court's ruling must be served to the notary with information on appeal rights.

Keywords

AI generated
notary removal disciplinary proceedings administrative notification procedural rights Minister of Justice Kodeks postępowania administracyjnego right to defense

Cited Legislation

AI generated
art. 16 § 3 of the Notary Law
art. 106 § 2 of the Administrative Procedure Code
art. 106 § 5 of the Administrative Procedure Code
art. 124 of the Administrative Procedure Code
art. 125 of the Administrative Procedure Code
art. 126 of the Administrative Procedure Code

Need to analyze how this precedent applies to your matter?

Cross-reference this judgment against statutes, commentaries, and subsequent citing case law inside Legislator AI.

Open in Legislator →

Full text