Supreme Court ruled notary's duty to act as mentor is public law, overriding implied consent.
Legislator summary
AI generatedThe Supreme Court of Poland annulled a Chamber of Notaries' decision appointing a notary as an applicant's mentor without explicit consent. The Ministry of Justice argued that the notary's public-law duties as a public trust officer and member of the notarial self-governance body necessitated accepting the appointment. The court held that while the notary's freedom is narrower than a citizen's, the public interest in training applicants and the statutory obligation of the notarial body to organize applications prevail over the notary's potential refusal.
Legislator headnote
AI generatedArt. 17 ust. 1 Konstytucji; art. 26 § 2 Prawa o notariacie; The notary's obligation to accept a mentorship appointment designated by the competent Chamber of Notaries is a public-law duty that cannot be waived by the notary's lack of explicit consent.