Supreme Court quashes administrative decision based on unconstitutional loss of court access due to expired statute.
Legislator summary
AI generatedThe Supreme Court of Poland quashed the National Court of Administration's dismissal of a civil servant's appeal regarding his discharge from service. The lower court had rejected the appeal relying on Article 19(3a) of the Administrative Court Act, which excluded jurisdiction when a significant service interest existed. The court ruled that this provision had lost its legal force after the Constitutional Tribunal declared it unconstitutional, thereby depriving the applicant of his constitutional right to a court.
Legislator headnote
AI generatedArt. 45 ust. 1 Konstytucji RP; Art. 236 ust. 2 Konstytucji RP; Art. 393 § 1 KPC; A court decision based on a statutory provision that has lost its legal force due to a Constitutional Tribunal ruling violates the constitutional right to a court.