Legislator Case Law & Legislation
III RN 208/00 AI generated

Supreme Court allows widow's claim for veteran rights despite deceased husband's disqualification. Widow must prove new circumstances to override prior deprivation.

Case Number III RN 208/00
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Partially Allowed

Legislator summary

AI generated

The Supreme Court of Poland allowed the widow's appeal against the administrative decision denying her veteran status. The deceased husband had previously been stripped of his rights due to his service in military intelligence, but the widow argued for a derivative right based on his resistance activities. The court ruled that while the widow can claim derivative rights, she must provide new evidence proving circumstances that justify changing the husband's prior deprivation decision.

Legislator headnote

AI generated

Art. 25 ust. 4-6 ustawy o kombatantach; § 2 ust. 2 rozporządzenia Prezesa Rady Ministrów: In verification proceedings concerning a deceased veteran, the surviving spouse is the party entitled to claim derivative rights, provided they prove specific circumstances warranting a change to the prior deprivation decision.

Keywords

AI generated
veteran rights verification derivative rights spouse deceased veteran status administrative appeal burden of proof circumstances

Cited Legislation

AI generated
Art. 25 ust. 4-6 of the Act on Veterans and Certain Persons Who Were Victims of War Repressions and the Postwar Period
§ 2 ust. 2 of the Regulation of the Prime Minister of 22 September 1997 on detailed rules and procedure for deprivation and restoration of veteran rights

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