Polish Supreme Court dismisses appeal against pension revaluation decision made via ministerial discretion without statutory basis.
Legislator summary
AI generatedThe 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 generatedArt. 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.