Legislator Case Law & Legislation
III KRS 21/11 AI generated

Supreme Court dismissed appeal as retirement by right under judicial law is automatic and non-appealable.

Case Number III KRS 21/11
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court dismissed the judge's appeal against the Supreme Council's refusal to recognize her request for retirement. The court found that retirement by right under Article 69 § 2 of the Common Courts Organization Act occurs automatically based on age and service, without requiring a decision by any administrative body. Consequently, the Supreme Council lacked jurisdiction to rule on the matter, rendering the appeal inadmissible due to the absence of a reviewable decision.

Legislator headnote

AI generated

Art. 69 § 2 ust. 1 Prawo o ustroju sądów powszechnych; Art. 73 ust. 2 Prawo o ustroju sądów powszechnych: Retirement by right under the Common Courts Organization Act is an automatic legal consequence that does not require a decision by the Supreme Council of Justice and is therefore not subject to appeal.

Keywords

AI generated
retirement by right judicial retirement automatic legal effect jurisdiction of Supreme Council inadmissible appeal

Cited Legislation

AI generated
Art. 69 § 2 ust. 1 Prawo o ustroju sądów powszechnych
Art. 73 ust. 2 Prawo o ustroju sądów powszechnych
Art. 3 ust. 2 pkt 2 ustawy o Krajowej Radzie Sądownictwa

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