III PO 2/11
AI generated
Supreme Court orders Prosecutor General to issue a new decision on prosecutor's age limit extension.
Poland (PL)
Legislator summary
AI generatedThe Supreme Court of Poland partially allowed the prosecutor's appeal against the Prosecutor General's refusal to extend his post after age 65. The court found that the initial decision was insufficiently reasoned and required a new ruling based on the facts and law existing at the time of the new decision. Consequently, the Prosecutor General is obligated to issue a fresh decision adhering to current procedural requirements and legal standards.
Legislator headnote
AI generatedArt. 62a ust. 1-3 ustawy o prokuraturze; When a higher court annuls a decision refusing to extend a prosecutor's service beyond age 65, the authority must issue a new decision based on the current legal and factual situation, not the one existing at the time of the annulled ruling.
Keywords
AI generated
prosecutor age limit
service extension refusal
procedural annulment
new decision obligation
procuratorial law
factual situation
legal standards
Cited Legislation
AI generatedArt. 62a ust. 1-3 of the Act on the Prosecutor's Office
Art. 69 § 1 of the Act on the Organization of Common Courts
Art. 398 § 14 of the Code of Civil Procedure
Act of 9 October 2009 on amending the Act on the Prosecutor's Office
art. 39814 k.p.c