Legislator Case Law & Legislation
II PK 262/10 AI generated

Political discrimination claim dismissed; refusal to grant powers based on unverified trust loss is not discrimination.

Case Number II PK 262/10
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court dismissed cassation appeals by two district mayors who sought compensation for alleged political discrimination. The plaintiffs argued that the Mayor of Warsaw refused to grant necessary civil powers and administrative authorizations based on an unverified loss of trust and subjective doubts about their ability to perform duties. The court ruled that such pre-employment refusal does not constitute discrimination because the lack of trust must be objectively confirmed during the actual performance of public functions.

Legislator headnote

AI generated

Art. 183a § 5 pkt 2 k.p.; Art. 398 § 14 k.p.c.; Art. 98 k.p.c.: A refusal to grant civil powers or administrative authorizations to a local official based on unverified loss of trust or subjective doubts prior to employment does not constitute political discrimination, as such circumstances must be objectively confirmed during the actual performance of public duties.

Keywords

AI generated
political discrimination local government officials loss of trust administrative powers civil powers cassation appeal public functions

Cited Legislation

AI generated
Art. 183a § 5 pkt 2 k.p.
Art. 398 § 14 k.p.c.
Art. 98 k.p.c.
art. 943 k.p
art. 378 § 1 k.p.c
art. 233 § 1 k.p.c
art. 101 § 1 k.c
art. 233 k.p.c
art. 3983 § 3 k.p.c
art. 39813 § 1 k.p.c

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