Legislator Case Law & Legislation
III RN 38/02 AI generated

Retrial dismissed because labor court, not administrative court, has jurisdiction over retired judges' employment disputes.

Case Number III RN 38/02
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court dismissed the extraordinary retrial filed by a retired judge against an administrative court ruling. The judge argued that the administrative court lacked jurisdiction because his dispute concerned a labor relationship governed by the Judges' Organization Act. The court held that disputes regarding a retired judge's employment status fall under the exclusive jurisdiction of the labor court, not the administrative court.

Legislator headnote

AI generated

Art. 68 ust. 1 k.r.s.; Art. 18 pkt 1 u.o.n.s.a.: Disputes concerning the employment status of a judge in retirement are within the jurisdiction of the labor court and not the administrative court.

Keywords

AI generated
retired judge employment labor court jurisdiction administrative court competence judges organization act extraordinary retrial dismissal

Cited Legislation

AI generated
Art. 68 ust. 1 k.r.s.
Art. 683 k.r.s.
Art. 18 pkt 1 u.o.n.s.a.
Art. 39316 k.p.c.
art. 45 ust. 1 Konstytucji RP

Cited Case Law

AI generated

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