Legislator Case Law & Legislation
III ARN 98/95 AI generated

Supreme Court dismisses appeal, ruling combatant rights loss applies to all public security employees regardless of employment source.

Case Number III ARN 98/95
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court dismissed the extraordinary review filed by the Minister of Justice against the Administrative Court's decision. The Administrative Court had overturned a deprivation of combatant rights, arguing it violated constitutional rulings by excluding civil security staff from the law's scope. The Supreme Court rejected this, holding that the statute applies to any employment within the public security apparatus, rendering the specific employment basis or job duties irrelevant.

Legislator headnote

AI generated

Art. 21 ust. 2 pkt 4 lit. a ustawy o kombatantach; Art. 25 ust. 2 pkt 1 lit. a ustawy o kombatantach: The deprivation of combatant rights applies to all individuals employed in the public security apparatus, irrespective of the specific source of their employment or the nature of their duties.

Keywords

AI generated
combatant rights deprivation public security apparatus extraordinary review employment source irrelevance interest of the Republic administrative law review statutory interpretation

Cited Legislation

AI generated
Art. 21 ust. 2 pkt 4 lit. a of the Act on Combattants and Certain Persons Being Victims of War Repressions and the Postwar Period
Art. 25 ust. 2 pkt 1 lit. a of the Act on Combattants and Certain Persons Being Victims of War Repressions and the Postwar Period
Art. 207 § 5 of the Code of Administrative Procedure
Art. 421 § 2 of the Code of Civil Procedure
art. 207 § 5 k.p
art. 421 § 2 k.p.c

Cited Case Law

AI generated
Constitutional Tribunal Ruling K 15/93
Supreme Court Ruling II UZP 7/91
Supreme Court Ruling II UZP 25/93
Supreme Court Ruling III ARN 6/95

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