The Appointment of a Notary as an Administrative Act – Analysis of Legal Grounds and Judicial Review Mechanisms

Abstract

The article constitutes an attempt at a comprehensive analysis of the act of appointing a notary from the perspective of administrative law, with particular emphasis on its qualification as an administrative decision within the meaning of Article 104 § 1 of the Polish Administrative Procedure Code and the legal consequences resulting from such qualification. The subject of the study is the legal analysis of the grounds for appointment to the position of notary, the legal nature of the act of appointment, the limits of the Minister of Justice’s administrative discretion, and the possibility of appealing a refusal of appointment. The author conducts a detailed interpretation of the provisions of the Law on Notaries, in particular Articles 10 and 11, indicating the formal and substantive conditions that must be fulfilled to apply for appointment, including evaluative criteria such as irreproachable character and the guarantee of proper professional conduct. The legal nature of the appointment act is also analyzed, pointing out significant systemic, procedural, and guarantee-related consequences of recognizing the appointment as an administrative decision. The article also addresses the issue of legal standing in the proceedings. It concludes with de lege ferenda proposals, including the need to standardize the procedure and ensure transparency and objectivity in the nomination process.