Legislator Case Law & Legislation
III ARN 88/95 AI generated

Supreme Court requires proof of anti-state tasks to strip veteran status from former Milicia officers.

Case Number III ARN 88/95
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Partially Allowed

Legislator summary

AI generated

The Supreme Court of Poland partially allowed a complaint against the denial of veteran status to Józef K., a former Milicia Obywatelska officer. The court held that while such individuals generally lose veteran rights, the administrative body must prove they performed specific tasks against independence organizations. Consequently, the decision to deny status was set aside without a new ruling on the merits.

Legislator headnote

AI generated

Art. 25 ust. 2 pkt 1 lit. a) ustawy o kombatantach; Art. 21 ust. 2 pkt 4 lit. a) ustawy o kombatantach: To strip veteran status from former Milicia or KSW personnel who previously qualified under other titles, the administrative authority must specifically prove they executed tasks aimed at combating organizations seeking national independence.

Keywords

AI generated
veteran status deprivation Milicia Obywatelska service anti-state tasks requirement Korpus Bezpieczeństwa Wewnętrznego administrative verification procedure Constitutional Court ruling polish martial law era

Cited Legislation

AI generated
Art. 25 ust. 2 pkt 1 lit. a) of the Act on Veterans and Certain Persons Who Were Victims of War Repressions and the Postwar Period
Art. 21 ust. 2 pkt 4 lit. a) of the Act on Veterans and Certain Persons Who Were Victims of War Repressions and the Postwar Period
art. 207 § 2 pkt 1 k.p

Cited Case Law

AI generated
Ruling of the Constitutional Tribunal regarding the Communist apparatus of repression in Poland

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