III AZP 6/95
AI generated
Supreme Court ruled the Land Reform Commission lacks authority to declare its own decisions void.
Poland (PL)
Legislator summary
AI generatedThe Supreme Court dismissed the Agricultural Cooperative's request for the Land Reform Commission to review its own decision refusing to initiate invalidity proceedings. The Commission had previously declared a land transfer valid by operation of law, but the Cooperative argued this violated property rights. The Court held that as an appellate body limited to reviewing appeals, the Commission lacks the statutory power to declare its own decisions void, even upon request.
Legislator headnote
AI generatedArt. 138 k.p.a.; Art. 156 § 1 k.p.a.; Art. 157 § 1 k.p.a.; Art. 157 § 2 k.p.a. An appellate administrative body is not competent to declare its own decisions void, as its powers are restricted to annulling or dismissing proceedings.
Keywords
AI generated
administrative appeal
voidness of decision
Land Reform Commission
appellate authority
operation of law
administrative procedure code
competence of organ
Cited Legislation
AI generatedArt. 138 k.p.a.
Art. 156 § 1 k.p.a.
Art. 157 § 1 k.p.a.
Art. 157 § 2 k.p.a.
Art. 5 ust. 1 pkt 1 of the Act on Land Reform
art. 391 k.p.c
art. 211 k.p
art. 157 § 1 k.p
art. 17 pkt 2 k.p
art. 138 k.p