Legislator Case Law & Legislation
III PO 11/96 AI generated

Competency dispute between police authority and courts dismissed as no actual conflict exists.

Case Number III PO 11/96
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court's Competency Collegium dismissed Adam S.'s request to resolve a jurisdictional dispute between the Police Commander and regular courts. Although the applicant argued that courts and the administrative body disagreed on who should hear his claim for delayed police benefits, the court found no genuine conflict because both sides agreed the matter belonged to the administrative authority. Consequently, the Collegium ruled that since the administrative decision was final and both parties recognized the same competent organ, no jurisdictional dispute existed under the Administrative Procedure Code.

Legislator headnote

AI generated

Art. 190 § 1 k.p.a.; Art. 192 § 1 k.p.a.: A competency dispute between state administrative bodies and courts only arises when they disagree on jurisdiction; if both agree the matter belongs to the administration, no dispute exists for the Collegium to resolve.

Keywords

AI generated
administrative procedure code competency dispute jurisdictional conflict police service benefits final administrative decision state administrative body Supreme Court Collegium

Cited Legislation

AI generated
Art. 190 § 1 k.p.a.
Art. 192 § 1 k.p.a.
Art. 16 § 1 k.p.a.
Art. 10 of the Act of 1 March 1996 on amending the Civil Procedure Code
Art. 12 of the Act of 1 March 1996 on amending the Civil Procedure Code
art. 190 § 1 k.p
art. 196 § 1 k.p
art. 481 § 1 k.c
art. 196 § 4 pkt 7 k.p
art. 198 k.p

Cited Case Law

AI generated

Need to analyze how this precedent applies to your matter?

Cross-reference this judgment against statutes, commentaries, and subsequent citing case law inside Legislator AI.

Open in Legislator →

Full text