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III RN 55/98 AI generated

Supreme Court allows soldier's housing claim, ruling new law doesn't apply to returned pre-1995 housing aid.

Case Number III RN 55/98
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Allowed / Granted
Open official source Machine-readable Markdown (.md)

Legislator summary

AI generated

The Supreme Court of Poland overturned a lower court decision that had denied a soldier's request for permanent housing quarters. The soldier had received housing aid under old regulations but was forced to return the funds and leave the housing cooperative due to health issues before the new 1995 housing law took effect. The court ruled that applying the stricter new law retroactively would violate the principles of non-retroactivity and protection of acquired rights, thereby allowing the soldier to retain his quarters.

Legislator headnote

AI generated

Art. 41 ust. 1 pkt 2 ustawy o zakwaterowaniu Sił Zbrojnych; Art. 30 ust. 1 ustawy o zakwaterowaniu sił zbrojnych z 1976 r.: The new housing law does not apply to professional soldiers who received and returned housing aid under previous regulations before the new law's entry into force, as applying it retroactively would violate the principle of protection of acquired rights.

Keywords

AI generated
principle of non-retroactivity protection of acquired rights housing quarters for soldiers retroactive application of law professional soldier housing housing aid return acquired rights doctrine

Cited Legislation

AI generated
Art. 41 ust. 1 pkt 2 ustawy z dnia 22 czerwca 1995 r. o zakwaterowaniu Sił Zbrojnych Rzeczypospolitej Polskiej
Art. 30 ust. 1 pkt 1 ustawy z dnia 20 maja 1976 r. o zakwaterowaniu sił zbrojnych
art. 2 Konstytucji

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