Judicial review of a doctor's assessment of a judge's fitness for duty is procedurally inadmissible.
Legislator summary
AI generatedThe Supreme Court dismissed the judge's cassation appeal against the dismissal of her administrative appeal regarding her fitness for duty. The lower courts held that the medical certificate from the Social Insurance Institution was merely evidentiary evidence for the Judicial Council, not a final administrative decision subject to judicial review. The court ruled that the medical assessment is a procedural prerequisite within the judicial council's process, not a standalone administrative act requiring separate judicial proceedings.
Legislator headnote
AI generatedArt. 70 § 1 Prawa o ustroju sądów powszechnych; Art. 3931 k.p.c.: The medical certificate issued by the Social Insurance Institution regarding a judge's fitness for duty is merely evidentiary evidence for the Judicial Council and does not constitute a final administrative decision subject to judicial review.