Legislator Case Law & Legislation
III AO 25/02 AI generated

Supreme Court dismissed prosecutor's appeal, upholding mandatory retirement at 65 as a rule with exceptions requiring special service justification.

Case Number III AO 25/02
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court of Poland dismissed Włodzimierz S.'s appeal against the Minister's refusal to extend his prosecutor's position beyond age 65. The prosecutor argued his unique role in oversight and litigation justified an exception, while the Minister cited the statutory rule and lack of available judicial vacancies. The court ruled that extending the position is a discretionary exception requiring compelling service-related reasons, which the prosecutor failed to provide given the need for generational staff renewal.

Legislator headnote

AI generated

Art. 69 ust. 3 p. 1 w zw. z art. 62a ust. 1 ustawy o prokuraturze; The mandatory retirement of prosecutors at age 65 is a general rule, and any extension of service beyond this age constitutes an exception that must be justified by exceptional circumstances serving the public interest or the prosecutor's specific merits.

Keywords

AI generated
prosecutor retirement age mandatory retirement rule discretionary extension exception generational staff renewal public interest justification administrative appeal dismissal judicial vacancy policy

Cited Legislation

AI generated
Art. 69 ust. 3 p. 1 w zw. z art. 62a ust. 1 ustawy o prokuraturze
art. 8 k.p
art. 156 § 1 pkt 2 k.p
art. 214 k.p.c

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