Legislator Case Law & Legislation
III RN 7/97 AI generated

Supreme Court dismisses veteran's claim to lose combatant rights due to former public security employment.

Case Number III RN 7/97
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court dismissed the extraordinary review of a decision stripping a former resistance fighter of combatant rights. The court found the applicant had worked for the Public Security Office between September and December 1944, a fact established by the lower administrative court. Consequently, the court ruled that such employment automatically disqualified the individual from receiving or retaining veteran benefits under the relevant statutes.

Legislator headnote

AI generated

Art. 21 ust. 2 pkt 4 lit. a; Art. 25 ust. 2 pkt 1 lit. a ustawy o kombatantach: Employment in the public security apparatus constitutes a statutory bar to the acquisition or retention of veteran rights, regardless of the nature of the employment contract or subsequent imprisonment.

Keywords

AI generated
combatant rights public security employment veteran benefits extraordinary review statutory disqualification administrative law post-war repression

Cited Legislation

AI generated
Art. 21 ust. 2 pkt 4 lit. a of the Act of 24 January 1991 on combatants and certain persons who were victims of wartime and post-war repression
Art. 25 ust. 2 pkt 1 lit. a of the Act of 24 January 1991 on combatants and certain persons who were victims of wartime and post-war repression
Art. 393 15 of the Code of Civil Procedure

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