Nieprzydatność aplikanta radcowskiego do wykonywania zawodu radcy prawnego jako przesłanka skreślenia z listy aplikantów. Glosa częściowo krytyczna do wyroku Naczelnego Sądu Administracyjnego z 16 października 2018 R., II GSK 2949/16
Unsuitability of a trainee attorney-at-law to perform the profession of an attorney-at-law as a prerequisite for removal from the trainee attorney-at-law list. Partially critical gloss to the judgment of the Polish Supreme Administrative Court of Oct

Summary/Abstract: The author raises the issue of the interpretation of one of the prerequisites for removal from the trainee attorney-at-law list in the light of the Polish Supreme Administrative Court’s (NSA) judgment of October 16, 2018 (case file no. II GSK 2949/16), which is being reviewed – which is as follows: “unsuitability of a trainee attorney-at-law to perform the profession of an attorney-at-law”. The subject is a matter of interpretation which generates a number of doubts in the practical application of law. It is a vague terminology and at the same time it constitutes a basis for making decisions of great importance for members of the attorneys-at-law’ self-government (here: trainee attorneys-at-law), which are also subject to the judicial supervision. The author, in a partially critical gloss, indicates some reservations as to the interpretation adopted by the NSA, both concerning the legal nature of arbitrary administrative decisions issued in the sphere of administrative authority by the self-government of attorneys-at-law and the presented interpretation in terms of evaluating the determinant in the form of “unsuitability of a trainee attorney-at-law”. To achieve the assumed research goal, the gloss applies a dogmatic and legal research method as well as an analysis of court decisions.

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