Legislator Case Law & Legislation
III PO 11/04 AI generated

Supreme Court dismissed appeal against judge transfer, ruling internal rules satisfied individual opinion requirement.

Case Number III PO 11/04
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court dismissed Judge Anna Ś.'s appeal regarding her transfer from the Supreme Administrative Court to a regional court. She argued that the transfer violated constitutional rights because the President failed to obtain a specific, individualized opinion from the Collegium as required by law. The court determined that the transfer was not an administrative decision subject to external review and that the internal consultation process effectively met the statutory requirement for individualized opinions.

Legislator headnote

AI generated

Art. 94 § 1 ust. Prawo o ustroju sądów administracyjnych; Art. 2, 32, 180 Konstytucji RP: The requirement for an individualized opinion by the Collegium is satisfied by a real and effective consultation process that allows for specific assessment of the individual judge's case, even if formalized through internal rules.

Keywords

AI generated
transfer of judges individualized opinion Supreme Administrative Court administrative appeal judicial independence internal court rules procedural requirement

Cited Legislation

AI generated
Art. 94 § 1 of the Act of 30 August 2002 on the Organization of Administrative Courts and the Act on the Procedure before Administrative Courts
Art. 2, Art. 32, Art. 180 of the Constitution of the Republic of Poland
Art. 385 of the Code of Civil Procedure
Art. 398 of the Code of Civil Procedure
Art. 75 § 4 of the Act of 27 July 2001 on the Organization of Common Courts
Art. 1 pkt 1 and Art. 8 § 1 of the Act of 23 November 2002 on the Supreme Court
Art. 94 § 1 of the Act of 30 August 2002 on the Organization of Administrative Courts
Art. 29 of the Act of 25 July 2002 on the Organization of Administrative Courts
art. 180 Konstytucji
art. 180 pkt 1 Konstytucji RP

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