Supreme Court voids administrative decision based on unconstitutional regulation under Art. 31 ust. 3 of Constitutional Tribunal Act.
Poland (PL)
Legislator summary
AI generatedThe Supreme Court granted extraordinary review to void a customs decision issued under a regulation later declared unconstitutional. The applicant argued the regulation was invalid, but the lower court upheld the decision because it was made while the regulation was technically in force. The court ruled that decisions based on unconstitutional laws are void ab initio, regardless of when the invalidity was discovered, thereby overturning the lower court's refusal.
Legislator headnote
AI generatedArt. 31 ust. 3 ustawy z dnia 29 kwietnia 1985 r. o Trybunale Konstytucyjnym; Art. 207 § 3 k.p.a.: Administrative decisions issued under unconstitutional provisions are void ab initio and must be declared invalid by administrative courts, irrespective of the timing of the discovery of the constitutional defect.