Legislator Case Law & Legislation
III KRS 6/10 AI generated

Supreme Court dismissed appeal against KRS judge selection, ruling it lacks substantive review power absent legal error.

Case Number III KRS 6/10
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court dismissed Urszula M.'s appeal against the National Council of the Judiciary's refusal to nominate her as a judge. The Council rejected her candidacy in favor of Jakub C. due to lower support scores from the Collegium and the General Assembly, citing her work across multiple divisions. The Court held that its role is limited to verifying legal compliance, not re-evaluating the Council's discretionary assessment of qualifications.

Legislator headnote

AI generated

Art. 13 ust. 2, 5 ustawy o KRS; The Supreme Court does not verify the substantive correctness of the National Council of the Judiciary's candidate selection unless it stems from a factual error or legal violation.

Keywords

AI generated
National Council of Judiciary judicial appointment procedure substantive review power candidate selection discretion Supreme Court jurisdiction judicial appointment procedural review

Cited Legislation

AI generated
Art. 13 ust. 2 of the Act on the National Council of the Judiciary
Art. 13 ust. 5 of the Act on the National Council of the Judiciary
Act of 27 July 2001 on the National Council of the Judiciary
Presidential Decree of 13 November 2007 on the detailed procedure of the National Council of the Judiciary
art. 32 ust. 1 Konstytucji RP
art. 32 Konstytucji RP
art. 186 ust. 1 Konstytucji RP

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