Legislator Case Law & Legislation
III RN 19/99 AI generated

Supreme Court allows police officer's supplementary housing aid claim, rejecting the argument that prior full aid bars new assistance.

Case Number III RN 19/99
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Allowed / Granted

Legislator summary

AI generated

The Supreme Court of Poland allowed a police officer's supplementary financial aid claim for housing construction, overturning a lower decision that denied it. The officer had previously received full aid for a home under old regulations but sought additional aid under new rules after moving. The court ruled that the new regulation's exclusion clause does not apply retroactively to those who did not file under the old rules before they expired. Consequently, the officer's right to supplementary aid remains valid despite his prior receipt of full assistance.

Legislator headnote

AI generated

Art. 94 ust. 1, § 9 zarządzenia Ministra Spraw Wewnętrznych i Administracji z dnia 30 września 1997 r.: The exclusion of supplementary financial aid for police officers who previously received full aid under old regulations does not apply retroactively to those who did not file a request under the old regulations before those regulations lost effect.

Keywords

AI generated
police housing aid supplementary financial assistance retroactive application of law administrative decision validity transition period regulations

Cited Legislation

AI generated
Art. 88 of the Police Act of 6 April 1990
Art. 94 ust. 1 of the Police Act of 6 April 1990
Art. 94 ust. 2 of the Police Act of 6 April 1990
Art. 95 of the Police Act of 6 April 1990
Art. 97 ust. 1 of the Police Act of 6 April 1990
Art. 97 ust. 5 of the Police Act of 6 April 1990
Art. 32 of the Police Act of 6 April 1990
§ 9 of the Minister of Internal Affairs and Administration Regulation of 30 September 1997 on financial aid for police officers
art. 178 ust. 1 Konstytucji
art. 92 ust. 1 Konstytucji RP

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