Supreme Court refused advisory opinion due to lack of legal uncertainty in social insurance practice.
Poland (PL)
Legislator summary
AI generatedThe Supreme Court of Poland refused to issue an advisory opinion regarding the simultaneous receipt of farmer's pension and family allowance. The First President argued for a unified benefit based on statutory text, but the Court noted that the Social Insurance Fund and other agencies widely practice paying both benefits in succession. Since this issue does not create legal uncertainty in judicial practice or administrative decision-making, the statutory prerequisites for an advisory ruling were not met.
Legislator headnote
AI generatedArt. 13 pkt 3 ustawy o Sądzie Najwyższym; Art. 2 ust. 1 i 3 ustawy o Sądzie Najwyższym; The Supreme Court may not issue advisory opinions when the legal question does not cause uncertainty in judicial practice or raise doubts in the practice of the competent administrative organ.