III KRS 8/04
AI generated
Supreme Court dismisses appeal; six-month deadline for judge's re-employment request is preclusive and non-extendable.
Poland (PL)
Legislator summary
AI generatedThe Supreme Court dismissed the appeal against the Supreme Council's refusal to grant a judge's request to continue serving after age 65. The judge argued that the six-month filing deadline was not extendable, but the Court ruled that this deadline is preclusive rather than procedural. Consequently, the Court held that no legal basis exists to extend such a deadline, which triggers immediate retirement upon the judge's 65th birthday.
Legislator headnote
AI generatedArt. 69 § 1 ust. 1 k.p.s.; Art. 69 § 3 k.p.s.; The six-month deadline for filing a request to continue judicial service is a preclusive term that cannot be extended, as its expiration results in the automatic transition to retirement status.
Keywords
AI generated
preclusive term
judicial service
retirement age
non-extendable deadline
Supreme Council
judicial immunity
procedural preclusion
Cited Legislation
AI generatedArt. 69 § 1 ust. 1 k.p.s.
Art. 69 § 3 k.p.s.
Art. 13 ust. 6 ustawy o Krajowej Radzie Sądownictwa
Art. 393 § 12 k.p.c.
art. 168 § 1 k.p.c
art. 1 k.p.c
art. 264 k.p
art. 265 k.p
art. 39312 k.p.c
Cited Case Law
AI generatedIII PZP 8/86