The Self-Review Procedure in the Proceedings Conducted Pursuant to Article 36–36(9) of the Act of 6 July 1982 on Legal Advisers Cover Image

Tryb autokontroli w postępowaniach prowadzonych na podstawie art. 36–36 (9) Ustawy z dnia 6 lipca 1982 r. o radcach prawnych
The Self-Review Procedure in the Proceedings Conducted Pursuant to Article 36–36(9) of the Act of 6 July 1982 on Legal Advisers

Author(s): Rafał Stankiewicz
Subject(s): Constitutional Law, Civil Law
Published by: Krajowa Izba Radców Prawnych
Keywords: legal adviser professional qualifications exam; administrative decision; administrative proceedings; appeal; self-review of decisions

Summary/Abstract: This article addresses the issue of the possible application of self-review with regard to decisions issued in the proceedings conducted pursuant to Article 36 et seq. of the Legal Adviser Act (the administration of the legal adviser professional qualifications exam). The self-review procedure may be applied to the decisions issued by the first-instance authority in the course of the proceedings conducted by the examination board of the second instance under the Minister of Justice (the board of appeal). The procedure may be carried out by the examination board within the time frame stipulated in Article 133 of the Administrative Procedure Code, i.e. within seven days of receiving an appeal. This means that the examination board should, by way of self-review, re-assess the grade assigned for the written part of the exam and adopt a new resolution on the legal adviser professional qualifications exam within the aforementioned time frame.

  • Issue Year: 2017
  • Issue No: 4
  • Page Range: 9-30
  • Page Count: 22
  • Language: Polish