Legislator Case Law & Legislation
II UR 4/95 AI generated

Polish Supreme Court dismisses appeal against pension revaluation decision made via ministerial discretion without statutory basis.

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

Legislator summary

AI generated

The Supreme Court dismissed the applicant's appeal against a ministerial decision revaluing a police pension based on discretionary authority rather than explicit statutory law. The applicant argued for a specific revaluation index, but the lower courts upheld the minister's decision which lacked a clear legal mandate. The court ruled that since the revaluation decision relied solely on the minister's free discretion without statutory authorization, no judicial appeal was permissible under the relevant procedural and social insurance laws.

Legislator headnote

AI generated

Art. 476 § 2 and 4 pkt 3 k.p.c. in conjunction with Art. 23 ust. 4 of the Social Insurance Act; Decisions made by administrative bodies based on free discretion without statutory authorization are not subject to judicial appeal.

Keywords

AI generated
free discretion statutory authorization judicial appeal pension revaluation administrative decision social insurance law ministerial authority

Cited Legislation

AI generated
Art. 476 § 2 and 4 pkt 3 k.p.c.
Art. 23 ust. 4 of the Social Insurance Act of November 25, 1986

Need to analyze how this precedent applies to your matter?

Cross-reference this judgment against statutes, commentaries, and subsequent citing case law inside Legislator AI.

Open in Legislator →

Full text