Gloss to the judgement of the Polish Supreme Administrative Court of February 17, 2016 (case file no. II GSK 151/16, concerning the inaction on taking the oath from an attorney-at-law) Cover Image

Glosa do postanowienia Naczelnego Sądu Administracyjnego z 17 lutego 2016 r., II GSK 151/16
Gloss to the judgement of the Polish Supreme Administrative Court of February 17, 2016 (case file no. II GSK 151/16, concerning the inaction on taking the oath from an attorney-at-law)

Author(s): Michał Szwast
Subject(s): Law, Constitution, Jurisprudence
Published by: Krajowa Izba Radców Prawnych
Keywords: taking an oath; Polish Supreme Administrative Court; attorney-at-law; pro-constitutional interpretation

Summary/Abstract: The subject of the gloss is the decision of the Polish Supreme Administrative Court concerning the admissibility of judicial control over inaction in the matter of taking the oath from an attorney-at-law, which determines the effectiveness of the constitutional personal right to a court. The content and arguments of the judgement have an impact on other procedures in which taking an oath is a necessary element of obtaining the right to practice a specific profession or activity. The author of the gloss expands the argumentation of the Polish Supreme Administrative Court on the necessity of pro-constitutional interpretation of the provisions of acts which expressis verbis do not provide for the right to submit a complaint against inaction in taking the oath from an attorney-at-law.

  • Issue Year: 2021
  • Issue No: 4
  • Page Range: 135-148
  • Page Count: 14
  • Language: Polish