Disciplinary actions are not unlawful merely by being procedural; clear procedural violations must be proven.
Polonia (PL)
Sintesi Legislator
Generato dall'IAThe Supreme Court dismissed the plaintiff's cassation appeal against a lower court decision that rejected his claim for damages. The plaintiff argued that the university's disciplinary proceedings against him were unlawful due to procedural errors and violations of his rights. The court held that while disciplinary actions are generally lawful, they require a substantive review of whether the organs correctly interpreted and applied the law, which the lower courts failed to conduct comprehensively.
Regesto Legislator
Generato dall'IAArt. 24 § 1 k.c.; Art. 393 § 1 k.p.c.; Art. 134 ust. 2 pkt 1 ustawy o szkolnictwie wyższym: Disciplinary actions are not considered unlawful merely because they follow a legal procedure; they must be substantively evaluated for compliance with legal standards and procedural rules, and the cassation court cannot replace the factual and legal assessments of lower instance courts.