Supreme Court allows extraordinary review due to application of non-existent material law at the time of decision.
Poland (PL)
Legislator summary
AI generatedThe Supreme Court granted an extraordinary review, quashing the lower court's decision that applied a social assistance law provision not yet in force. The applicant argued that the administrative bodies incorrectly imposed pension insurance contributions for January and February 1999, as the relevant legal basis for such contributions regarding caregivers only came into effect in 2001. The Court ruled that applying a material law provision that did not exist at the time of the administrative decision constituted a flagrant violation of law, necessitating the case's remittal for reconsideration.
Legislator headnote
AI generatedArt. 31 b ust. 3 ustawy o pomocy społecznej; Art. 22 ust. 1 pkt 1 i ust. 2 pkt 2 ustawy o Naczelnym Sądzie Administracyjnym: The application of a material law provision that did not exist at the time of the administrative decision constitutes a flagrant violation of law, justifying an extraordinary review.