Legislator Case Law & Legislation
III PZP 15/03 AI generated

Supreme Court allows a judge to retract a resignation from office before the employment relationship ends.

Case Number III PZP 15/03
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Allowed / Granted

Legislator summary

AI generated

The Supreme Court resolved a legal question regarding whether a judge could retract a resignation from office. The plaintiff, a judge who had resigned due to health reasons, later attempted to withdraw the resignation citing family care needs, while the Ministry of Justice argued the resignation was irrevocable under the Judicial System Act. The court held that the resignation is a unilateral public-law act effective only upon the termination of the employment relationship, thus permitting retraction before that date.

Legislator headnote

AI generated

Art. 68 § 1 ust. 1 u.s.p.; Art. 72 u.s.p.: A judge's resignation from office is a unilateral public-law act that does not require the recipient's consent and can be retracted if the employment relationship has not yet been terminated.

Keywords

AI generated
judicial resignation unilateral public law act retraction of resignation Judicial System Act employment relationship termination Ministry of Justice public office duties

Cited Legislation

AI generated
Art. 68 § 1 ust. 1 u.s.p.
Art. 72 u.s.p.
Art. 61 § 1 zdanie drugie Kodeksu cywilnego
art. 390 § 1 k.p.c
art. 61 § 1 k.c
art. 179 Konstytucji RP
art. 186 ust. 1 Konstytucji RP
art. 10 Konstytucji RP
art. 173 Konstytucji RP

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