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III RN 210/00 AI generated

Supreme Court allows restoration of veteran rights via special procedure under new law, rejecting general retrial application.

Case Number III RN 210/00
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Allowed / Granted
Open official source Machine-readable Markdown (.md)

Legislator summary

AI generated

The Supreme Court of Poland allowed the extraordinary revision of the administrative court's decision to restore veteran status. The applicant argued for a retrial based on a new 1997 law, but the lower court incorrectly applied general retrial rules instead of the specific procedure mandated by the new statute. The court ruled that the new law established a distinct verification process for restoring rights, requiring a substantive review rather than a procedural retrial.

Legislator headnote

AI generated

Art. 2 ust. 2 ustawy z dnia 25 kwietnia 1997 r. o zmianie ustawy o kombatantach; The new legislation establishing a special procedure for restoring veteran rights creates a distinct substantive verification process that excludes the application of general administrative retrial proceedings.

Keywords

AI generated
veteran rights restoration special verification procedure extraordinary revision administrative retrial exclusion new legislation application substantive review status reinstatement

Cited Legislation

AI generated
Art. 2 ust. 2 of the Act of April 25, 1997 on amending the Act on veterans and certain persons who were victims of wartime and post-war repression
Art. 21 ust. 2 pkt 4 lit. a and Art. 21 ust. 3 pkt 1 and 2 of the Act of January 24, 1991 on veterans and certain persons who were victims of wartime and post-war repression
Art. 145 and following of the Code of Administrative Procedure
Art. 22 ust. 1 pkt 1 and ust. 2 pkt 3 of the Act of May 11, 1995 on the Supreme Administrative Court
§ 10 pkt 2 lit. a of the Regulation of the President of the Council of Ministers of September 22, 1997 on detailed rules and procedure for deprivation and restoration of veteran rights

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