Advanced Search

The Act Of 25 July 2002, The Law On Administrative Courts

Original Language Title: USTAWA z dnia 25 lipca 2002 r. Prawo o ustroju sądów administracyjnych

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$40 per month.

ACT

of 25 July 2002

The law on the system of administrative courts

Chapter 1

General provisions

Article 1. [ Tasks of administrative courts] § 1. The administrative courts shall exercise the judiciary through the control of the activities of the public administration and the settlement of conflicts of competence and jurisdiction between the organs of the local authorities, the local authorities of appeal, and between those authorities and the authorities of the government.

§ 2. The audit referred to in § 1 shall be exercised in terms of compliance with the law, if the laws do not provide otherwise.

Article 2. [ Structure of the administrative judiciary] The Administrative Courts are the Supreme Administrative Court and the Voivodship Administrative Courts.

Article 3. [ Functional Property] § 1. Cases belonging to the jurisdiction of administrative courts recognize, in the first instance, the Voivodship Administrative Courts.

§ 2. The Supreme Administrative Court supervises the activities of the Voivodship Administrative Courts in the scope of the adjudication under the statutes, and in particular recognizes appeals against the rulings of these courts and is taking resolutions to clarify legal issues and to identify other matters belonging to the jurisdiction of the Supreme Administrative Court under other laws.

Article 4. [ Principle of independence of judges] The judges of the administrative courts in the exercise of their office shall be unfolded and subject only to the Constitution and to the statutes.

Article 5. [ Appointment of Judges] § 1. The judges of the administrative courts to serve as a judge shall appoint the President of the Republic of Poland, at the request of the National Council of the Judiciary.

§ 2. The judges of the administrative courts are appointed to the position of judge of the voivodship of the administrative court, with the appointment of the office (seat) of the judge, or to the position of judge of the Supreme Administrative Court.

Article 6. [ Qualifications and personal terms of the judge] § 1. A judge of the provincial administrative court may be appointed to serve as a judge of the provincial administrative court:

1) has Polish citizenship and enjoys full civil and civic rights,

2) is an immaculate character,

3) he graduated from higher law studies in Poland and obtained a master's degree or foreign recognized in Poland,

4) is capable, due to the state of health, to perform the duties of a judge,

5) completed 35 years of age,

6) distinguished by a high level of knowledge in the field of public administration and administrative law and other fields of law related to the operation of public administration bodies,

7) has remained at least eight years as a judge, prosecutor, president, vice president, senior counsel or counsel at the General Prosecutor's Office of the State or at least for eight years has pursued the profession of attorney, legal counsel or notary public either for ten years he stayed in public institutions in positions connected with the application or establishment of administrative law or worked as a judicial asesor in the voivodship administrative court of at least two years.

§ 2. The requirements referred to in § 1 (7) do not concern persons with the scientific title of the professor or with the scientific degree of the habilitated doctor of legal sciences.

§ 3. In exceptional cases, the President of the Republic of Poland, at the request of the National Council of the Judiciary, may appoint a candidate for the position of a judge despite the shorter periods than specified in § 1 point 7, periods of remaining in the positions listed in that point or the pursuit of the profession of attorney, legal counsel or notary.

§ 4. The persons referred to in § 2 may be employed as a judge also in part-time work.

Article 7. [ Requirements for Judge NSA] § 1. He or she may be appointed as Judge of the Supreme Administrative Court who fulfils the requirements laid down in Article 4. 6 § 1 points 1-4 and 6, if he has completed 40 years and he has remained at least ten years as a judge, prosecutor, president, vice president, senior counsel or counsel at the General Prosecutor's Office or at least ten years has pursued the profession of lawyer, legal adviser or notary. The requirement to complete 40 years does not apply to a judge who has remained at the office of judge of the provincial administrative court for at least three years.

§ 2. The provisions of the Rules of the General Administrative Court shall also apply to the appointment of a judge of the Supreme Administrative Court. 6 § 2-4.

Article 8. [ Statement of property of judge] A declaration on the assets referred to in Article 87 of the Law of 27 July
2001 -The law on the system of common courts (Dz. U. Nr. 98, pos. 1070 and No. 154, pos. 1787), judges of the provincial administrative court shall submit to the competent president of the voivodship administrative court, and the president of the voivodship's administrative court and the judges of the Supreme Administrative Court-President of the Supreme Court of the Tribunal Admin The analysis of the data contained in the declaration on the assets shall be carried out by the College of the competent administrative court.

Article 9. [ Disciplinary Court] A disciplinary court in the disciplinary cases of the judges of administrative courts is the Supreme Administrative Court. A disciplinary officer in these cases is a spokesman for the Disciplinary Chief of the Administrative Court.

Article 10. [ Employees of the court] In the administrative courts, court officers, court referendors, court referendors, senior assistants of the judges, judges ' assistants and officials and other servants of the court shall be employed in the administrative courts.

Article 11. [ Office Policies] The President of the Supreme Administrative Court shall establish the principles of bureaucience in administrative courts.

Article 12. [ Superior supervision of the administrative activities of the courts] The President of the Supreme Administrative Court shall exercise authority over the administrative activities of the administrative courts.

Article 13. [ Delegate of the judge] § 1. The President of the Supreme Administrative Court may delegate, for a specified period, a judge of the voivodship of the administrative court, with his consent, to perform the duties of a judge in the Supreme Administrative Court.

§ 2. The Minister of Justice, at the request of the President of the Supreme Administrative Court, may delegate, for a specified period of time, a judge of the appellate court or the judge of the district court, with his consent, to perform the duties of a judge in the administrative court.

Article 14. [ Budget of Courts] § 1. The draft revenue and expenditure of the Supreme Administrative Court also includes the revenue and expenditure of the Voivodship Administrative Courts. The draft revenue and expenditure as set out by the President of the Supreme Administrative Court of the Minister responsible for public finance shall be included in the draft budget of the State.

§ 2. As regards the implementation of the budget of the administrative courts, the President of the Supreme Administrative Court shall enjoy the powers of the Minister responsible for public finance.

Article 15. [ Information on the activities of administrative courts] § 1. The President of the Supreme Administrative Court shall inform the President of the Republic of Poland and the National Council of the Judiciary about the activities of administrative courts.

§ 2. The President of the Supreme Administrative Court shall inform the Prime Minister of the problems of functioning of public administration arising from cases considered by administrative courts.

Chapter 2

Voivodship Administrative Courts

Article 16. [ Territorial scope of the voivodship court] § 1. The administrative court is set up for one state or for more voivodships.

§ 2. President of the Republic of Poland, at the request of the President of the Supreme Administrative Court, by means of a regulation, creates and abolish the voivodship administrative courts and establishes their premises and area of jurisdiction, and can create, outside the seat of of the court, and to endure the departments of the courts.

Article 17. [ Court of Justice] § 1. The Voivodship Administrative Court is divided into the faculties which it creates and abolites the President of the Supreme Administrative Court.

§ 2. Division in the Voivodship Administrative Court shall be headed by the President or Vice-President of the Court or appointed Judge.

Article 18. [ Composition of the Voivodship Administrative Court] § 1. The provincial administrative court is composed of: the president of the court, the vice president of the court or the vice presidents of the court and the judges.

§ 2. The number of judges and vice-presidents of the court in the provincial administrative court shall be determined by the Chairman of the Supreme Administrative Court.

Article 19. [ Provincial Administrative Court Authorities] The authorities of the provincial administrative court are: the President of the Court, the General Assembly of the Judges of the Provincial Administrative Court, hereinafter referred to as the "General Assembly", and the College of the Provincial Administrative Court, hereinafter referred to as the "College of the Court".

Article 20. [ Tasks of the President of the Provincial Administrative Court] § 1. The president of the voivodeship administrative court is headed by the court and represents him outside, full of the activities of the judicial administration and other activities provided for in the law.

§ 2. The President of the Voivodship Administrative Court in the field of judicial administration is the body of the subordinate President of the Supreme Administrative Court.

§ 3. The President of the Voivodship Administrative Court replaces the Vice President of the Court or appointed Judge.

Article 21. [ appointment of the president of the court] § 1. The President and Vice President of the Tribunal in the Voivodship Administrative Court shall be appointed by the President of the Supreme Administrative Court from among the judges of the provincial administrative court or the Supreme Administrative Court, after seeking the opinion of the General Assembly of that court.

§ 1a. The President and the Vice President of the Tribunal in the Voivodship Administrative Court shall be appointed for a period of five years, at most for two consecutive terms.

§ 2. If the opinion is not delivered within two months of the presentation of the candidate to the general meeting of the General Assembly. The President of the Supreme Administrative Court may appoint the President of the Voivodship Administrative Court without an opinion.

§ 3. In the event of a general meeting of a negative opinion on the candidate, the President of the Supreme Administrative Court may appoint him after obtaining a positive opinion of the National Council of the Judiciary. The negative opinion of the National Council of the Judiciary is for the President of the Supreme Administrative Court binding.

§ 4. If the National Council of the Judiciary within thirty days from the date of submission by the President of the Supreme Administrative Court of the intention to appoint a judge to the position of the President of the Court, despite the negative opinion of the General Assembly of that court, will not issue opinions, it is believed that the opinion is positive.

Article 21a. [ Appeal of the President and Vice President of the court in the provincial administrative court] § 1. The President and Vice President of the Tribunal in the Voivodship Administrative Court may be dismissed by the President of the Supreme Administrative Court during the term of office in the case of:

1) gross misuse of official duties,

2) when the further exercise of the function for other reasons cannot be reconciled with the good of the judiciary.

§ 2. The appeal of the President and Vice President of the court in the voivodship of the administrative court follows after consultation of the general assembly of this court and the National Council of the Judiciary. In the absence of an opinion within one month of the presentation of the intention to appeal the President or the Vice President of the Tribunal, the opinion shall be deemed to be positive.

§ 3. In the case of the submission during the term of office by the President or the Vice President of the court in the provincial administrative court of resignation from the full function, the President of the Supreme Administrative Court shall cancel it without consulting the opinion referred to in § 2.

Article 22. [ Supervision of administrative activities of provincial administrative courts] § 1. The President of the Supreme Administrative Court, the President of the Voivodship Administrative Court and other persons appointed to lead and supervising the administrative activity have the right to inspect the activities of the competent provincial administrative court, may be present at the hearing, with the exception of openness, and may request explanations and the removal of deficiencies. The President of the Supreme Administrative Court and the President of the Voivodship Administrative Court may repeal the administrative orders against the law.

§ 2. As part of the supervision of administrative activities of the Voivodship Administrative Courts, the President of the Supreme Administrative Court may order a visit of the court or lustration in court.

§ 3. In the event of failure to comply with judicial proceedings, the President of the Supreme Administrative Court and the President of the Voivodship Administrative Court may draw attention to and demand the removal of the consequences of the infringement.

§ 4. The activities referred to in paragraphs 1 and 2 may not enter into an area in which the judges are uncertain.

§ 5. The President of the Republic of Poland will determine, by way of regulation, a detailed mode of exercising supervision over the administrative activities of the voivodship administrative courts by the authorities and persons to that designated. In determining the detailed mode of supervision, it should be taken into account that the supervision is intended to serve the smooth and reliable performance of the tasks entrusted to the court.

Article 23. [ Rules of Procedure of the Office of the Provincial Administrative Courts] § 1. The President of the Republic of Poland shall determine, by means of a regulation, the rules of procedure detailing the procedure of internal administration of provincial administrative

§ 2. In the Rules of Procedure referred to in paragraph 1, the following shall be specified in particular:

1) the internal organisation of the courts,

2) the order of the courts,

3) the mode of judicial activities ensuring smooth and rapid execution of them,

4) the mode of designation of depots adjudicating in the adjustment to the specialization of the jurisprary judges and the influence of cases,

5) cases of the designation of the formation of the formation of the adjudicatory depots by drawing lots with the determination of the rules of sampling.

Article 24. [ General Assembly of Judges] § 1. The General Assembly shall be composed of judges of the provincial administrative court.

§ 2. The President of the General Assembly shall be the President of the Provincial Administrative Court, which shall convene a General Assembly at least once a year.

§ 3. At least half of the number of its members shall be required to adopt a general meeting. Resolutions shall be adopted by an absolute majority of votes.

§ 4. General Assembly:

1) consider the information of the President of the Voivodship Administrative Court with the annual activity of the court,

2) presents the National Council of the Judiciary of the candidates for the positions of judges of the voivodship administrative court

3) expresses its opinion on the appointment or dismissals of the President of the Voivodship Administrative Court and an opinion on the appointment or dismissals of the Vice President of the Voivodeship

4) determine the composition of the court's number of the court and select its members and make changes to its composition,

5) elect from among the members of the general assembly of the two representatives who participate in the General Assembly of the Judges of the Supreme Administrative Court of the elected members of the National Council of the Judiciary,

6) report candidates to members of the National Council of the Judiciary,

7) consider and give an opinion on other matters submitted by the President of the Voivodship Administrative Court or notified by the members of the General Assembly.

Article 25. [ College of the Court] § 1. The College of the Court:

1) determine the division of the activities in the court and lay down detailed rules for the assignment of cases to the individual judges,

2) submit to the general meeting an opinion of the candidates for the judges ' positions,

3. consider the cases presented to the general assembly,

4) consider other cases submitted by the President of the court or on his own initiative.

§ 2. The term of office of the court shall be three years.

§ 3. The chairman of the court is the president of the court.

§ 4. Article 1 (1) (a) of the Court of Justice shall be adopted by the 24 § 3.

Article 26. [ Asesors] § 1. The President of the Supreme Administrative Court may appoint an asessor to a judicial person who:

1) meets the requirements referred to in art. 6 § 1 points 1-4 and 6,

2) completed 30 years,

3) for at least four years remained as a judge, prosecutor or councillor at the General Prosecutor's Office of the State or at least for four years carried out the profession of attorney, legal counsel or notary, or for six years they have remained in public institutions in post-administrative positions or administrative law.

§ 2. The President of the Supreme Administrative Court may, with the consent of the college of the court, entrust the asessor of the judiciary with the duties of judicial proceedings in that court for a limited period of time, not exceeding five years.

Article 27. [ Referendary to the Court] § 1. The position of the referendary of the court, for the performance of acts in mediation proceedings and other judicial acts specified in the statutes, may be appointed to the person who meets the requirements laid down in art. In accordance with Article 6 (1) (1), (1) to (3), and at least three years in post-administrative posts or administrative law.

§ 2. The position of senior court referendary may be appointed a judicial referendary, who has held the post of court referendary for at least ten years, has not been punished for disciplinary scrolling, and has also obtained positive periodic Qualification.

Article 27a. [ Judge Assistant] § 1. The assistant of the Judge, for the independent exercise of the judicial administration and the procedures for the preparation of the court cases, may be employed by those who comply with the requirements laid down in Article 4 of the Rules of the General Court. 6 § 1 paragraphs 1 to 3.

§ 2. In the position of a senior assistant to the judge may be employed the assistant of the judge who has held the position of assistant to the judge for at least five years, has not been punished for disciplinary transgressions, as well as obtaining positive periodic assessments qualification.

Article 28. [ Officials and other servants of the court] The President of the Republic of Poland shall determine, by way of regulation, the positions and the required qualifications of judicial officials and employees of the provincial administrative courts, as well as detailed rules of remuneration and tables of remuneration the basic and the amount of the appendix on the position taken or the function of judicial referenders, senior judicial referendums, assistants of judges, senior assistants of judges, officials and other servants of those courts, the principle of differentiation of remuneration depending on the position and the required qualifications, the need to ensure the proper organisation of administrative activities, the proper level of functioning of the judicial secretariats and the high level of work culture, efficiency, rationality, speed and professionalism at the performing the activities necessary for the smooth conduct of the proceedings.

Article 29. [ Apply to other laws] [ 1] In cases not regulated in the Act to the Voivodship Administrative Courts and Judges, Court Assigners, senior judicial referendums, court referendums, senior assistant judges, assistant referees, officials and other staff of those the courts shall apply, mutatis mutandis, the provisions on the outfit of the ordinary courts, with the fact that the teleinformatic system handling the proceedings for appointment as a judge of the general court does not apply, and to senior assistants The provisions relating to the assistants of the Judges shall be the rules on the judges of the appellate court are applied to the remuneration of the judges, and the rules concerning the judges of the district court are to be applied to the remuneration of court as The powers of the Minister of Justice shall be the President of the Supreme Administrative Court, as defined in those provisions.

Chapter 3

Supreme Administrative Court

Article 30. [ The composition of the Supreme Administrative Court] The Supreme Administrative Court is composed of: the President of the Supreme Administrative Court, the Vice-Presidents and the Judges.

Article 31. [ organs of the Supreme Administrative Court] The organs of the Supreme Administrative Court are: the President of the Supreme Administrative Court, the General Assembly of the Judges of the Supreme Administrative Court and the College of the Supreme Administrative Court.

Article 32. [ Seat of Supreme Administrative Court] The Supreme Administrative Court is based in Warsaw.

Article 33. [ Setting the number of posts in the NSA] The President of the Republic of Poland, at the request of the General Assembly of the Judges of the Supreme Administrative Court, shall determine, by way of regulation, the number of judges in the Supreme Administrative Court, including the number of vice presidents of this Tribunal.

Article 34. [ Chairman of the Supreme Administrative Court] § 1. At the head of the Supreme Administrative Court stands the President of the Supreme Administrative Court, who directs his works and represents outdoors.

§ 2. The President of the Supreme Administrative Court performs the activities provided for in this Act and in separate provisions, as well as performs the tasks of the judicial administration in relation to the Supreme Administrative Court.

Article 35. [ Supervision of the court's activities] § 1. The President of the Supreme Administrative Court has the right to inspread the activities of the Supreme Administrative Court, may be present at the trial pending with the exclusion of disclosure, may request explanations and the removal of the deficiencies. In the event of a failure to comply with judicial proceedings, the President of the Supreme Administrative Court may draw attention to and demand the removal of the consequences of the infringement.

§ 2. The actions referred to in § 1 may not enter into an area in which the judges are unhinged.

Article 36. [ Uchwała explanatory provisions laws] § 1. The President of the Supreme Administrative Court may request that the Supreme Administrative Court adopt a resolution clarifying the legislation the application of which has provoked divergences in the case law of administrative courts.

§ 2. In the cases referred to in paragraph 1, the provisions on proceedings before administrative courts shall apply mutatis mutandis.

Article 37. [ Deputy President] The Vice-Presidents of the Supreme Administrative Court are the deputies of the President of the Supreme Administrative Court to the extent specified by the President.

Article 38. [ Judges of the judges] The President of the Supreme Administrative Court may delegate the various acts of judicial administration to the judges and to empower them to deal with specific cases on his behalf.

Article 39. [ NSA structure] § 1. The Supreme Administrative Court shall be divided into: the Chamber of Finance, the Chamber of Commerce and the Chamber of Commerce of the General Administration.

§ 2. The Polish Chamber of Finance shall exercise, within the limits and the procedure laid down by the relevant provisions, supervision over the case law of the Voivodship Administrative Courts in matters of tax liability and other cash benefits to which the provisions apply tax and the execution of cash benefits.

§ 3. The Chamber of Commerce shall exercise, within the limits and mode determined by the relevant provisions, supervision over the case-law of the Voivodship Administrative Courts in matters of economic activity, industrial property protection, budget, foreign exchange, papers securities, banking, insurance, duties, prices, tariff rates and fees, except for fees in the cases referred to in § 4.

§ 4. The General Chamber shall exercise, within the limits and the procedure laid down by the relevant provisions, supervision over the case-law of the Voivodship Administrative Courts in matters not listed in paragraphs 2 and 3, and in particular on matters of construction and supervision construction, spatial development, water management, environmental protection, agriculture, forestry, employment, local government system, real estate management, property privatization, universal military duty, cases internal, as well as prices, fees and tariff rates, if they are related to matters falling within the jurisdiction of this House.

§ 5. The work of each of the Chambers shall be headed by the Vice-President appointed to perform this function by the President of the Supreme Administrative Court.

Article 40. [ Chancellery of the President and Office of the Orem] § 1. The Supreme Administrative Court operates the Chancellery of the President of the Supreme Administrative Court and the Office of the Oomery.

§ 2. To the extent of the operation of the Chancellery of the President of the Supreme Administrative Court, the duties of the President of the Supreme Administrative Court should be carried out in order to create the conditions for the smooth functioning of the courts administrative, in particular financial, cadre and administrative and economic matters. The Head of the Chancellery of the Chief Administrative Court is headed by the Chancellery of the Chief Administrative Court.

§ 3. The activities related to the performance of the President of the Supreme Administrative Court in the field of efficiency of legal proceedings and the case law of administrative courts are to be carried out in the field of activity of the Office of Ombudsmanship. The case-law office shall be headed by the Director, who shall be the Vice President or the Judge.

§ 4. The detailed scope of the tasks of the Chancellery of the President of the Supreme Administrative Court and the Office of Nutrition shall be determined by the Rules of Procedure of the Office as referred to in art. 43.

Article 41. [ Departments in Izbach NSA] § 1. The President of the Supreme Administrative Court, with the consent of the College of the Supreme Administrative Court, creates and abolishes the departments of the Chambers referred to in art. 39, the Chancellery of the President of the Supreme Administrative Court and the Office of the Case-law, and appoints and dismisses the chairmen of the departments, the Head of the Chancellery of the Chief Administrative Court and the Director of the Office of the Office of the Bureau.

§ 2. The President of the Supreme Administrative Court may also appoint and dismiss the deputy chairmen of the departments in the Chambers referred to in art. 39, Deputy Head of the Chancellery of the President of the Supreme Administrative Court and deputy directors of the Office of the Office of the Administration and the Head of the Department at the Chancellery of the Chief Administrative Court and the Office of the Case-law.

Article 42. [ Collection of official decisions of administrative courts] The President of the Supreme Administrative Court shall issue an official set of decisions of the administrative courts.

Article 43. [ Rules of Procedure for the internal administration of the Supreme Administrative Court] The Rules of Procedure of the Supreme Administrative Court shall be adopted by the General Assembly of the Judges of the Supreme Administrative Court. The rules of procedure are published in the Official Journal of the Republic of Poland "Monitor Polski".

Article 44. [ Appointment Of NSA President] § 1. The President of the Supreme Administrative Court is appointed by the President of the Republic of Poland for a six-year term of office from among the two candidates presented by the General Assembly of the Supreme Administrative Court Judges.

§ 2. The candidates for the position of the President of the Supreme Administrative Court shall elect the General Assembly of the Judges of the Supreme Administrative Court from among the judges of the Supreme Administrative Court, who, in secret ballot, obtained the highest number successively of votes. The choice should be made no later than three months before the expiry of the term of office of the President-in-Office of the Supreme Administrative Court. In case of emptying the position during the term of office, the selection of candidates shall be made within one month. Article Article The second sentence of Article 46 (5) shall not apply.

§ 3. The deliberations of the General Assembly of the Judges of the Supreme Administrative Court in the part concerning the selection of candidates for the position of the President shall be presided over by the oldest judge participating in the Assembly.

Article 45. [ Appointment Of Vice President Of Chief Administrative Court] § 1. The Vice President of the Supreme Administrative Court refers to a five-year term of office of the President of the Republic of Poland, at the request of the President of the Supreme Administrative Court, filed with the consent of the General Assembly of the Judges of the Supreme Administrative Court.

§ 2. The Vice President of the Supreme Administrative Court may be dismissed by the President of the Republic of Poland at the request of the President of the Supreme Administrative Court during the term of office in the case of:

1) gross misuse of official duties,

2) when the further exercise of the function for other reasons cannot be reconciled with the good of the judiciary.

§ 3. The application for the dismissals of the Vice President of the Supreme Administrative Court follows the approval of the General Assembly of the Judges of the Supreme Administrative Court.

§ 4. In the event of the submission during the term of office by the Vice President of the Supreme Administrative Court of resignation, the President of the Supreme Administrative Court shall request the appeal of the latter without obtaining the consent referred to in § 3.

Article 46. [ General Assembly of Judges of the Supreme Administrative Court] § 1. The General Assembly of the Judges of the Supreme Administrative Court shall form the Judges of the Supreme Administrative Court. The President of the General Assembly shall be the President of the Supreme Administrative Court.

§ 2. General Assembly of the Judges of the Supreme Administrative Court:

1) consider the information of the President of the Supreme Administrative Court of the annual activity of the Supreme Administrative Court,

2) submit to the National Council of the Judiciary the candidates for the judges ' positions,

3) elect the candidates for the position of the President of the Supreme Administrative Court,

4) consents to the appointment and dismissals of the vice presidents of the Supreme Administrative Court,

5) determine the number composition of the College of the Supreme Administrative Court and select its members and make changes to its composition,

6) consider and give an opinion on other matters submitted by the President of the Supreme Administrative Court or reported by the members of the General Assembly of the Judges of the Supreme Administrative Court.

§ 3. (repealed).

§ 4. The General Assembly of the Judges of the Supreme Administrative Court shall be convened by the President of the Supreme Administrative Court at least once a year.

§ 5. At least half of the number of its members shall be required to take the resolutions of the General Assembly of the Judges of the Administrative Court. Resolutions shall be adopted by an absolute majority of votes.

Article 47. [ College of the Supreme Administrative Court] § 1. The College of the Supreme Administrative Court shall:

1) determine the division of tasks in the Supreme Administrative Court and lay down the detailed rules for the assignment of cases to the individual judges,

2) present to the General Assembly of the Judges of the Supreme Administrative Court an opinion of the candidates for the judges ' positions,

3) agree on the establishment and abolition of the faculties and the appointment and dismissals of the Chairpersons of the faculties, the Head of the Chancellery of the President of the Supreme Administrative Court and the Director of the Office of Nutrition,

4) consider the cases presented to the General Assembly of the Judges of the Supreme Administrative Court,

5) consider and give an opinion on other matters submitted by the President of the Supreme Administrative Court or on his own initiative.

§ 2. The term of office of the College of Administration of the Administrative Court shall be three years.

§ 3. The Chairman of the College of Chief Administrative Court is the President of the Supreme Administrative Court.

§ 4. Article 1 (1) (b) of the General Administrative Court shall be adopted by the College of Chief Administrative Court. 46 § 5.

Article 48. [ Disciplinary proceedings in the NSA] § 1. The Supreme Administrative Court recognizes disciplinary cases of judges of administrative courts:

1) in the first instance-in the composition of three judges,

2) in the second instance-in the composition of seven judges.

§ 2. All judges of the Supreme Administrative Court with the exception of the President of the Supreme Administrative Court, the Vice Presidents of the Supreme Administrative Court and the Disciplinary Board of the Disciplinary Board are entitled to adjudicate on disciplinary matters. The Administrative Court and its deputy.

§ 3. The composition of the disciplinary court shall be determined by the College of the Supreme Administrative Court by the drawing of lots, from the list of judges of the Supreme Administrative Court. The Judge shall be chaired by the Judge of the oldest Judge at the office of Judge of the Supreme Administrative Court.

§ 4. A spokesman for the Disciplinary Chief of the Administrative Court and his deputy shall elect the College of the Supreme Administrative Court for a period of four years.

Article 49. [ Apply to other laws] In cases not governed by the Act, the Supreme Administrative Court and the Judges, officials and employees of that General Court shall apply mutatis mutandis the provisions of the Supreme Court. The powers conferred on the First President of the Supreme Court shall be the President of the Supreme Administrative Court.

Chapter 4

Final provision

Article 50. [ Entry into force] [ 2] The Act shall enter into force within the period and in accordance with the rules laid down by the Law of 30 August 2002. -Provisions introducing the law-Law of administrative courts and statute-Right of proceedings before administrative courts (Dz. U. No. 153, pos. 1271).

[ 1] Article 29, as amended by Article 29 (1), 3 of the Act of 14 March 2014. on the amendment of the Act-Law on the Law of the General Courts and some other laws (Journal of Laws of the Law 512). The amendment came into force on 1 October 2014.

[ 2] The Act shall enter into force on 1 January 2004.