Legislator Case Law & Legislation
III PO 4/95 AI generated

Supreme Court rejects competency request as no dispute exists between administrative bodies and courts.

Case Number III PO 4/95
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court's Competency Collegium rejected the applicant's request to determine jurisdiction between administrative bodies and courts. The applicant sought a disability pension from the state railways and challenged the lack of a court decision, but the Naczelný Sąd Administracyjny had already ruled that railway pension disputes fall under social insurance courts, not administrative courts. The Collegium found no actual dispute regarding jurisdiction because the applicant did not claim a court lacked authority, rendering the request inadmissible under the Code of Administrative Procedure.

Legislator headnote

AI generated

Art. 190-195 k.p.a.; Art. 199 § 1 pkt 1 i § 3 k.p.c. in conjunction with Art. 195 k.p.a.: The Supreme Court's Competency Collegium resolves disputes over jurisdiction between administrative bodies and courts, but only when such a dispute actually exists; if no such dispute is present, the request is inadmissible.

Keywords

AI generated
competency dispute administrative jurisdiction Supreme Court Collegium inadmissible request pension dispute

Cited Legislation

AI generated
art. 27 of the Act of 28 April 1983 on pension provision for railway employees and their families
art. 477 § 8 of the Code of Civil Procedure
art. 190-195 of the Code of Administrative Procedure
art. 199 § 1 pkt 1 and § 3 of the Code of Civil Procedure
art. 195 of the Code of Administrative Procedure
art. 192 § 1 pkt 2 k.p
art. 195 k.p

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