Podstawa ogólna skargi nadzwyczajnej

This paper is devoted to the general prerequisite (also known as the functional prerequisite) of an extraordinary appeal, as set forth in Article 89 § 1 in principio of the Supreme Court Law. Its fulfillment determines the possibility of upholding the extraordinary complaint. In other words, a final decision of a general or military court may be revoked if it is necessary to ensure compliance with the principle of a democratic state of law, realizing the principles of social justice. An analysis of the indicated concept in the existing literature and case law was carried out, and conclusions were presented.

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Publication Details

Journal
PRAWO i WIĘŹ
Published
2024-09-27
DOI
https://doi.org/10.36128/priw.vi51.991
Primary Topic
Polish Law and Legal System
Type
article
Field-Weighted Citation Impact
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article

Podstawa ogólna skargi nadzwyczajnej

Oktawian Nawrot
PRAWO i WIĘŹ
Polish Law and Legal System
article

Podstawa ogólna skargi nadzwyczajnej

Oktawian Nawrot
article en

Abstract

This paper is devoted to the general prerequisite (also known as the functional prerequisite) of an extraordinary appeal, as set forth in Article 89 § 1 in principio of the Supreme Court Law. Its fulfillment determines the possibility of upholding the extraordinary complaint. In other words, a final decision of a general or military court may be revoked if it is necessary to ensure compliance with the principle of a democratic state of law, realizing the principles of social justice. An analysis of the indicated concept in the existing literature and case law was carried out, and conclusions were presented.

PRAWO i WIĘŹ(4)
University of Gdańsk (PL)
Openalex Percentile: Top 51%
Polish Law and Legal System
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