III KRS 28/11
AI generated
Supreme Court quashes KRS decision for failing to assess medical prognosis under Art. 71 § 1 of Judicial Act.
Poland (PL)
Legislator summary
AI generatedThe Supreme Court quashed the Council's decision to deny a judge's transfer to retirement due to illness. The Council incorrectly concluded there was no permanent disability based on a flawed assessment of medical certificates without considering the judge's absence from appointments. The Court ruled that the Council must evaluate the specific medical prognosis and the judge's interest rather than merely denying permanent disability.
Legislator headnote
AI generatedArt. 71 § 1 Prawa o ustroju sądów powszechnych; Art. 70 § 1 Prawa o ustroju sądów powszechnych: The Council of Judiciary must assess the specific medical prognosis and the judge's interest when deciding on transfer to retirement due to illness, rather than merely denying permanent disability.
Keywords
AI generated
transfer to retirement
permanent disability
medical prognosis
judicial act
Council of Judiciary
illness
judicial independence
Cited Legislation
AI generatedart. 73 § 2 of the Act on the Organization of Common Courts
art. 71 § 1 of the Act on the Organization of Common Courts
art. 70 § 1 of the Act on the Organization of Common Courts
art. 3 ust. 2 pkt 2 of the Act on the Council of Judiciary
art. 73 § 1 in conjunction with art. 71 § 1 of the Act on the Organization of Common Courts
art. 186 ust. 1 of the Constitution of the Republic of Poland
art. 398 § 1 of the Code of Civil Procedure
art. 44 ust. 3 of the Act on the Council of Judiciary
art. 4779 § 1 k.p.c
art. 77 ust. 2 Konstytucji