Legislator Case Law & Legislation
II URN 1/95 AI generated

Supreme Court allows extraordinary review to correct social security denial due to procedural flaws and lack of defense rights.

Case Number II URN 1/95
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Partially Allowed

Legislator summary

AI generated

The Supreme Court granted an extraordinary review to overturn a lower court's dismissal of a disability pension claim, despite the review being filed late. The applicant argued that his disability arose during employment or within 18 months of its cessation, yet the lower court denied benefits based on insufficient work history in the preceding decade. The Court ruled that denying state-guaranteed benefits without a proper defense or clear legal explanation violates both procedural and substantive law, as well as the rule of law.

Legislator headnote

AI generated

Art. 32, 33 ust. 2 ustawy o zaopatrzeniu emerytalnym; Art. 422 § 2 k.p.c.: An extraordinary review may be granted to correct a final judgment that deprives a citizen of state-guaranteed benefits without providing them with a proper opportunity to defend their rights or a clear legal explanation.

Keywords

AI generated
extraordinary review disability pension social security benefits procedural fairness rule of law violation defense rights employment history

Cited Legislation

AI generated
Art. 32 ust. 2 of the Act on Pension Provision for Employees and Their Families
Art. 33 ust. 2 of the Act on Pension Provision for Employees and Their Families
Art. 422 § 2 of the Code of Civil Procedure
Art. 421 § 2 of the Code of Civil Procedure
Art. 101 ust. 2 of the Act on Social Security
art. 3 § 2 k.p.c
art. 369 pkt 5 k.p.c
art. 368 pkt 5 k.p.c
art. 421 § 2 k.p.c
art. 422 § 2 k.p.c

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