Supreme Court dismisses appeal by academic teacher as appeal from disciplinary ruling is inadmissible.
Legislator summary
AI generatedThe Supreme Court dismissed Jack B.'s appeal against a disciplinary ruling by the Higher Education Council's Disciplinary Commission. The court held that the appeal was inadmissible because the appealed decision did not constitute a final penalty, merely restarting the proceedings after a previous penalty was revoked. Although the Constitutional Court had declared the relevant appeal restriction unconstitutional, the court ruled that this did not retroactively validate a late appeal filed from a non-final decision.
Legislator headnote
AI generatedArt. 135 ust. 4 ustawy o szkolnictwie wyższym; Art. 190 Konstytucji: The unconstitutionality of a statutory provision excluding appeals does not retroactively validate an appeal filed from a decision that was not a final penalty at the time of filing.