Supreme Court held NSA lacks jurisdiction over Border Guard disciplinary appeals unless specific law grants it.
Poland (PL)
Legislator summary
AI generatedThe Supreme Court of Poland granted a revision against a decision by the Chief Administrative Court in Warsaw that dismissed a Border Guard officer's disciplinary appeal. The Chief Administrative Court had ruled it lacked jurisdiction because no general law assigned such disciplinary matters to it. However, the Supreme Court found that the specific Border Guard Act explicitly grants officers the right to appeal disciplinary rulings to an administrative court, thereby overriding the general exclusion rule.
Legislator headnote
AI generatedArt. 19 pkt 3 ustawy o NSA; Art. 136b ust. 5 ustawy o Straży Granicznej: The Chief Administrative Court lacks jurisdiction over disciplinary appeals unless a specific statute explicitly grants such jurisdiction, and in this case, the Border Guard Act specifically confers that right.