Supreme Court grants pension right retroactively after Constitutional Court invalidates age-based discrimination law.
Legislator summary
AI generatedThe Supreme Court partially allowed the cassation appeal, overturning the appellate court's refusal to grant a pension retroactively. The applicant argued that a Constitutional Court ruling invalidating age discrimination meant he should receive benefits from the date he met the criteria, not the date of the decision. The court held that once a law loses its presumption of constitutionality, lower courts must apply the new constitutional standard immediately, granting the pension from the date the applicant fulfilled the requirements.
Legislator headnote
AI generatedArt. 192 ust. 1 k.p.c.; Art. 29 ust. 1 ustawy o emeryturach i rentach z Funduszu Ubezpieczeń Społecznych: When a statute loses its presumption of constitutionality following a Constitutional Court ruling, lower courts are obligated to apply the new constitutional standard immediately to ensure a state of law consistent with the Constitution.