Legislator Case Law & Legislation
II UZP 11/96 AI generated

Higher seminary lecturer granted teacher pension via direct application of Church-State law without expanding delegation.

Case Number II UZP 11/96
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Allowed / Granted

Legislator summary

AI generated

The Supreme Court resolved a legal question regarding whether a higher seminary lecturer could receive a teacher's pension. The Social Insurance Institution argued that without specific implementing regulations, the lecturer's rights differed from those of secular teachers in lower seminaries. The court ruled that the lecturer qualifies for the pension under the Teacher's Card Act by directly applying the relevant Church-State law provision, rejecting the need for expanded interpretation or missing regulations.

Legislator headnote

AI generated

Art. 21 ust. 1 ustawy o stosunku Państwa do Kościoła Katolickiego; Art. 88 Karty Nauczyciela: A higher seminary lecturer acquires the right to a teacher's pension by direct application of the Church-State law provision, without requiring expanded interpretation or specific implementing regulations.

Keywords

AI generated
higher seminary lecturer teacher pension rights Church-State relations direct application of law implementing regulations Teacher's Card Act statutory interpretation

Cited Legislation

AI generated
Art. 21 ust. 1 of the Act on the Relations between the State and the Catholic Church in the Republic of Poland
Art. 23 ust. 4 of the Act on the Relations between the State and the Catholic Church in the Republic of Poland
Art. 88 of the Teacher's Card Act
§ 77 ust. 1 and 2 of the Council of Ministers' Resolution No. 147 of 5 November 1991
art. 391 k.p.c

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