An Objection by the Minister of Justice to Entering a Name in the Roll of Legal Advisers (and the Roll of Trainee Legal Advisers) Cover Image

Sprzeciw Ministra Sprawiedliwości wobec wpisu danej osoby na listę radców prawnych (i aplikantów radcowskich)
An Objection by the Minister of Justice to Entering a Name in the Roll of Legal Advisers (and the Roll of Trainee Legal Advisers)

Author(s): Rafał Stankiewicz
Subject(s): Civil Law
Published by: Krajowa Izba Radców Prawnych
Keywords: objection by the Minister of Justice; entry in the Roll of Legal Advisers; oversight of professional government

Summary/Abstract: The article analyses the legal concept of an objection by the Minister of Justice to resolutions of the bodies of the professional self-government of legal advisers concerning entries in the Roll of Legal Advisers (and the Roll of Trainee Legal Advisers). The scope of the minister’s right to object does not include the power to reconsider the case for entry in the Roll of Legal Advisers (one more time), but instead allows the Minister of Justice the authority to exercise oversight of declaratory proceedings conducted by the bodies of the professional self-government of legal advisers initiated upon motion for entry in the Roll of Legal Advisers. In the proceedings carried out by the Minister of Justice in the capacity of an oversight authority, the minister ensures that the evidence collected in the proceedings before the bodies of the professional association constitutes a sufficient factual basis to make the entry from the perspective of normative grounds that condition making entries in the Roll of Legal Advisers.

  • Issue Year: 2017
  • Issue No: 1
  • Page Range: 9-24
  • Page Count: 16
  • Language: Polish