Legislator Case Law & Legislation
III KRS 9/08 AI generated

Supreme Court voids KRS decision for false voting data and bans limiting judge nominations to vacancies.

Case Number III KRS 9/08
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court of Poland annulled the National Council of the Judiciary's decision not to submit a candidate for a judgeship due to fraudulent voting statistics. The applicant argued that the Council's refusal to submit multiple top candidates to the President violated constitutional principles of equal access to judicial service. The court ruled that the Council's decision was illegal because its justification contained inaccurate voting results and that the Council cannot restrict the number of nomination requests to the number of available vacancies.

Legislator headnote

AI generated

Art. 2 ust. 1 pkt 2 ustawy o KRS; art. 60 Konstytucji RP: The National Council of the Judiciary cannot submit a candidate for a judgeship if the justification contains false information, and it must not limit the number of nomination requests to the number of available vacancies.

Keywords

AI generated
National Council of Judiciary judgeship nomination fraudulent voting data constitutional access to service limiting nomination requests Supreme Court annulment judicial appointment procedure

Cited Legislation

AI generated
Art. 2 ust. 1 pkt 2 ustawy o KRS
art. 60 Konstytucji RP
art. 13 ust. 2 ustawy o KRS
art. 179 Konstytucji RP
art. 179 Konstytucji

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