Legislator Case Law & Legislation
III ZS 7/09 AI generated

Supreme Court quashes Notary Chamber ruling, affirming statutory duty to allow notary applicants to begin training.

Case Number III ZS 7/09
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Allowed / Granted

Legislator summary

AI generated

The Supreme Court of Poland quashed a Notary Chamber resolution that restricted when applicants could begin their mandatory training. The Ministry of Justice argued the Chamber's rules were necessary to manage an influx of exam passers, while the Chamber claimed registration was merely administrative. The court ruled that registration is legally equivalent to the obligation to commence training, making the Chamber's restrictions a violation of the Notary Law and the Constitution.

Legislator headnote

AI generated

Art. 71 § 1, 2, 3, 5; Art. 72 § 1; Art. 73 of the Notary Law; Art. 65 ust. 1; Art. 32 ust. 2, 3; Art. 32; Art. 17 ust. 1 of the Constitution: Registration on the list of notary applicants constitutes an unconditional obligation for the Notary Chamber to allow the commencement of the statutory training period.

Keywords

AI generated
notary law notary applicants training obligation public law duty constitutional review administrative resolution statutory interpretation

Cited Legislation

AI generated
Art. 71 § 1, 2, 3, 5 of the Notary Law
Art. 72 § 1 of the Notary Law
Art. 73 of the Notary Law
Art. 65 ust. 1 of the Constitution of the Republic of Poland
Art. 32 ust. 2, 3 of the Constitution of the Republic of Poland
Art. 32 of the Constitution of the Republic of Poland
Art. 17 ust. 1 of the Constitution of the Republic of Poland
art. 17 ust. 1 Konstytucji RP
art. 65 ust. 1 Konstytucji RP
art. 65 Konstytucji RP

Cited Case Law

AI generated

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