Legislator Case Law & Legislation
III PO 3/96 AI generated

Administrative body's negative response does not constitute a claim of incompetence for jurisdictional dispute.

Case Number III PO 3/96
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court dismissed Halina P.'s request to resolve a jurisdictional dispute between labor offices. Although the applicant claimed both administrative bodies refused to handle her case, the courts found that the offices explicitly stated their negative positions and denied her benefits. The court ruled that a mere refusal to grant benefits does not equate to a claim of incompetence, as the offices retained functional and substantive jurisdiction over the matter.

Legislator headnote

AI generated

Art. 192 § 1 pkt 2 k.p.a.; A negative administrative response denying benefits does not constitute a claim of incompetence, as the agency retains substantive jurisdiction and the dispute is not a matter of jurisdictional conflict.

Keywords

AI generated
administrative jurisdiction competence dispute negative administrative response substantive jurisdiction incompetence claim labor office family allowance

Cited Legislation

AI generated
art. 192 § 1 pkt 2 k.p.a.
art. 190 § 1 k.p.a.
art. 192 § 1 pkt 2 k.p
art. 190 § 1 k.p
art. 192 § 1 pkt 2 k.p.c

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