Legislator Case Law & Legislation
I UK 359/04 AI generated

Judicial review of a doctor's assessment of a judge's fitness for duty is procedurally inadmissible.

Case Number I UK 359/04
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The 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 generated

Art. 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.

Keywords

AI generated
judicial fitness assessment medical certificate evidence procedural inadmissibility judicial council process social insurance institution cassation appeal dismissal administrative vs judicial

Cited Legislation

AI generated
Art. 70 § 1 of the Law on the Organization of Ordinary Courts
Art. 70 § 2 of the Law on the Organization of Ordinary Courts
Art. 70 § 3 of the Law on the Organization of Ordinary Courts
Art. 83 ust. 2 of the Social Insurance System Act
Art. 199 § 1 pkt 1 of the Code of Civil Procedure
Art. 3931 of the Code of Civil Procedure
Art. 476 § 2 pkt 4 of the Code of Civil Procedure
Art. 73 of the Law on the Organization of Ordinary Courts
art. 199 § 1 pkt 1 k.p.c
art. 3931 k.p.c

Cited Case Law

AI generated

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