Legislator Case Law & Legislation
III PO 41/04 AI generated

Supreme Court dismissed appeal against judge transfer, ruling no legal barriers exist without prior revocation of delegation.

Case Number III PO 41/04
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court dismissed the judge's appeal regarding his transfer from the Chief Administrative Court to a provincial court without first revoking his prior delegation. The judge argued this violated administrative procedure codes and constitutional rights, but the court held that the new judicial structure regulations explicitly permitted such transfers during the transition period. Consequently, the court determined that the delegation decision became void upon the transfer, rendering the transfer legally valid and the appeal inadmissible.

Legislator headnote

AI generated

Art. 94 § 1 and Art. 95 § 2 of the Act on the Organization of Administrative Courts; The transfer of a judge from the Chief Administrative Court to a provincial court does not require the prior revocation of a delegation decision, as the transfer renders the delegation void.

Keywords

AI generated
administrative court transfer judicial delegation revocation Chief Administrative Court provincial court appointment judicial structure reform administrative procedure code constitutional rights protection

Cited Legislation

AI generated
art. 94 § 1 of the Act on the Organization of Administrative Courts
art. 95 § 2 of the Act on the Organization of Administrative Courts
art. 95 § 1 of the Act on the Act on the Organization of Administrative Courts
art. 107 § 3 of the Administrative Procedure Code
art. 2 of the Constitution of the Republic of Poland
art. 32 of the Constitution of the Republic of Poland
art. 180 ust. 2 and 5 of the Constitution of the Republic of Poland
art. 107 § 3 k.p
art. 180 ust. 5 Konstytucji

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