Legislator Case Law & Legislation
III PO 1/10 AI generated

Supreme Court dismisses dismissal of prosecutor's extension request due to abstract generational staff exchange policy.

Case Number III PO 1/10
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court of Poland dismissed the Prosecutor General's refusal to extend a prosecutor's position beyond age 65. The prosecutor argued for continued employment based on health and high professional merit, while the Prosecutor General cited abstract generational staff exchange policies as grounds for refusal. The court ruled that abstract policy goals cannot justify individual denials without concrete, case-specific justification balancing public interest against the prosecutor's unique qualifications.

Legislator headnote

AI generated

Art. 62a ust. 2 ustawy o prokuraturze; Abstract generational staff exchange policies cannot serve as grounds for refusing a prosecutor's extension request; such decisions require concrete, case-specific justification balancing public interest with the prosecutor's unique qualifications and health status.

Keywords

AI generated
prosecutor extension generational staff exchange public interest balance discretionary decision limits age 65 retirement proportional principle concrete justification

Cited Legislation

AI generated
Art. 62a ust. 2 ustawy o prokuraturze

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