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III RN 136/99 AI generated

Supreme Court allows appeal against town council resolution as new county rights did not invalidate prior statute.

Case Number III RN 136/99
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Allowed / Granted
Open official source Machine-readable Markdown (.md)

Legislator summary

AI generated

The Supreme Court granted the Minister of Justice's extraordinary review, overturning the lower court's dismissal of a complaint against a town council resolution. The lower court had rejected the appeal because the town gained county rights on January 1, 1999, rendering the council dissolved and the old statute obsolete. The Supreme Court ruled that no legal provision automatically voided the previously adopted statute upon the town acquiring county status, allowing the original resolution to remain valid.

Legislator headnote

AI generated

Art. 1 ust. 1 ustawy z dnia 24 lipca 1998 r. o wejściu w życie ustawy o samorządzie powiatowym; Art. 92 ust. 1 i 2 ustawy o samorządzie powiatowym: The acquisition of county rights by a town does not automatically deprive a previously adopted town statute of its binding force.

Keywords

AI generated
extraordinary review county rights town statute validity administrative reform binding force of law

Cited Legislation

AI generated
Art. 1 ust. 1 of the Act of July 24, 1998 on the entry into force of the Act on the County Self-Government Act, the Act on the Voivodeship Self-Government Act and the Act on the Government Administration in the Voivodeship (Dz.U. No. 99, item 631)
Art. 92 ust. 1 and 2 of the Act on County Self-Government (Dz.U. No. 91, item 578)
Art. 27 ust. 2 of the Act of May 11, 1995 on the Supreme Administrative Court (Dz.U. No. 74, item 368)
Art. 10 of the Act of March 1, 1996 on Amendments to the Civil Procedure Code (Dz.U. No. 43, item 189)

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