Legislator Case Law & Legislation
I PRN 110/94 AI generated

Supreme Court partially allowed extraordinary review regarding prosecutor salary equalization for late 1992 period.

Case Number I PRN 110/94
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Partially Allowed

Legislator summary

AI generated

The Supreme Court of Poland partially granted an extraordinary review against a lower court decision awarding salary equalization to a former prosecutor. The lower courts had applied outdated financial regulations that the Constitutional Court later declared unconstitutional for the period before their official publication. The Supreme Court found that omitting the application of these now-invalidated uniform regulations constituted a serious violation of law, necessitating the remittal of the case for re-evaluation.

Legislator headnote

AI generated

Art. 417 § 1 k.p.c.; Art. 422 § 2 k.p.c.: Omission of application of uniform regulations declared unconstitutional by the Constitutional Court constitutes a serious violation of law requiring the setting aside of judgments and remittal for retrial.

Keywords

AI generated
extraordinary review salary equalization prosecutor remuneration unconstitutional regulation serious violation of law remittal for retrial uniform regulations

Cited Legislation

AI generated
Art. 417 § 1 k.p.c.
Art. 421 § 1 k.p.c.
Art. 422 § 2 k.p.c.
Art. 62 of the Act on the Prosecutor's Office
Art. 16 pkt 2 of the Act on Financial Management of the State in 1992
Art. 28 of the Budget Act for 1992
art. 421 § 1 k.p.c
art. 417 § 1 k.p.c
art. 422 § 2 k.p.c

Cited Case Law

AI generated

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