III PO 1/04 AI generated

Supreme Court dismissed judge's appeal regarding administrative transfer decision not being an administrative act.

Case Number III PO 1/04

Court / Authority Sąd Najwyższy

Jurisdiction

Poland (PL)

Decision Date 2006-01-12

Outcome Dismissed

Open official source Machine-readable Markdown (.md)

Legislator summary

AI generated

The Supreme Court dismissed a judge's appeal against a decision transferring him from the Supreme Administrative Court to a regional court. The judge argued the transfer violated constitutional rights and lacked proper Collegium opinions, but the court found the decision was not an administrative act subject to the Administrative Procedure Code. Consequently, the court ruled that the specific procedural requirements for administrative acts did not apply to this judicial reassignment.

Legislator headnote

AI generated

Art. 94 § 1 ust. 1 ustawy z dnia 30 sierpnia 2002 r. - Prawo o ustroju sądów administracyjnych; Art. 106 k.p.a.: A decision transferring a judge of the Supreme Administrative Court to a regional court is not an administrative act, and thus Article 106 of the Administrative Procedure Code does not apply to its adoption.

Keywords

AI generated

judicial transfer administrative act Supreme Administrative Court procedural law constitutional rights judicial independence administrative procedure

Cited Legislation

AI generated

Art. 94 § 1 of the Act of August 30, 2002 on the Organization of Administrative Courts and the Act on the Procedure before Administrative Courts

Art. 106 of the Code of Administrative Procedure

Art. 385 of the Code of Civil Procedure

Art. 398 of the Code of Civil Procedure

Art. 75 § 4 of the Act of July 27, 2001 on the Organization of Ordinary Courts

Art. 1 pkt 1 and Art. 8 § 1 of the Act of November 23, 2002 on the Supreme Court

Art. 29 of the Act of July 25, 2002 on the Organization of Administrative Courts

art. 106 k.p

art. 180 Konstytucji

art. 2 Konstytucji RP

Supreme Court dismissed judge's appeal regarding administrative transfer decision not being an administrative act.

Legislator summary

Legislator headnote

Keywords

Cited Legislation

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