III RN 124/00
AI generated
Supreme Court voids administrative decisions based on unauthorized ministerial regulations regarding police housing sales.
Poland (PL)
Legislator summary
AI generatedThe Supreme Court of Poland voided administrative decisions denying a widow the right to purchase her deceased husband's police-assigned apartment. The lower courts had relied on specific provisions of a 1997 ministerial regulation to justify the refusal. The court ruled that these regulations exceeded the statutory authority granted by the Police Act and lacked the force of law to serve as the basis for administrative decisions.
Legislator headnote
AI generatedArt. 97 ust. 1 ustawy o Policji; Art. 236 ust. 2 Konstytucji RP: Ministerial regulations issued without specific statutory authorization cannot serve as the legal basis for administrative decisions and are void.
Keywords
AI generated
unauthorized ministerial regulation
administrative decision basis
police housing assignment
statutory authorization limit
void administrative act
civil law nature
police officer housing
Cited Legislation
AI generated§ 11 and § 13 of the Order of the Minister of Interior and Administration of 30 September 1997
Art. 97 ust. 1 of the Police Act
Art. 236 ust. 2 of the Constitution of the Republic of Poland
Art. 393 § 15 of the Code of Civil Procedure
Art. 30 of the Act on the Supreme Administrative Court
Cited Case Law
AI generatedDecision of the Chief Administrative Court in Wrocław of 3 December 1999
Decision of the Supreme Administrative Court of 27 February 1998
Decision of the Regional Police Commander in O. of 2 February 1998