Legislator Case Law & Legislation
I PKN 112/98 AI generated

Supreme Court dismissed judge's appeal, ruling judicial tenure ends three months after dismissal notice. The court held that labor law does not apply to judges dismissed by the President.

Case Number I PKN 112/98
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court dismissed the cassation appeal filed by Judge Władysław Z. against the lower courts' rejection of his claim to remain capable of serving as a judge. The court found that the employment relationship with the Regional Court terminated three months after the President's dismissal notice was delivered on February 26, 1997. Consequently, the court ruled that labor code provisions were inapplicable because the specific rules for judicial dismissal under the Law on the Organization of Common Courts took precedence.

Legislator headnote

AI generated

Art. 59 § 1 pkt 2 ustawy Prawo o ustroju sądów powszechnych; Art. 60 § 1 ustawy Prawo o ustroju sądów powszechnych: The employment relationship of a judge dismissed by the President terminates three months after the delivery of the dismissal notice, excluding the application of general labor law provisions.

Keywords

AI generated
judicial dismissal employment relationship termination labor law applicability judicial tenure cassation appeal dismissal

Cited Legislation

AI generated
Art. 60 § 1 Prawa o ustroju sądów powszechnych
Art. 59 § 1 pkt 2 ustawy Prawo o ustroju sądów powszechnych
Art. 150 p.o u.s.p.
Art. 3 Kodeksu pracy
Art. 393 § 12 KPC

Cited Case Law

AI generated
uchwała Sądu Najwyższego z dnia 23 lipca 1993 r., I PZP 30/93

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