III ARN 80/95
AI generated
Supreme Court dismisses appeal; authority not obliged to verify grounds for granting veteran rights when revoking under specific clause.
Poland (PL)
Legislator summary
AI generatedThe Supreme Court dismissed the extraordinary review of the extraordinary review regarding the revocation of veteran rights. The applicant, a former militia member, argued that the authority must verify if he performed duties justifying rights under other statutory provisions. The court held that the specific clause used for revocation does not require the authority to investigate alternative grounds for granting rights.
Legislator headnote
AI generatedArt. 25 ust. 2 pkt 2 ustawy o kombatantach; Art. 21 ust. 1 ustawy o kombatantach: When revoking veteran rights under the specific clause regarding 1944-1956 activities, the authority is not obliged to verify if other statutory grounds exist for granting such rights.
Keywords
AI generated
veteran rights revocation
militia service status
extraordinary review dismissal
administrative authority duty
statutory interpretation clause
Cited Legislation
AI generatedArt. 25 ust. 2 pkt 2 of the Act of 24 January 1991 on veterans and certain persons who were victims of wartime and post-war repression
Art. 21 ust. 1 of the Act of 24 January 1991 on veterans and certain persons who were victims of wartime and post-war repression
Art. 67 ust. 2 of the Constitution
art. 207 § 2 pkt 1 k.p
Cited Case Law
AI generatedK.15/93 of the Constitutional Tribunal dated 15 February 1994