Kryterium czasu w przypadku prawa do odszkodowania za powołania do czynnej służby wojskowej w okresie stanu wojennego
The time criterion for the right to compensation for conscription into active military service during the martial law

Summary/Abstract: The Sejm's position called for stating that the contested provision of the Act on the Recognition of the Invalidity of Judgments Issued Against Persons Repressed for Activities for the Independent Existence of the Polish State, to the extent that it provides for the adoption of 'the period from 1 November 1982 to 28 February 1983', conforms to the provisions of the Constitution. The author of the position did not agree with the plaintiff's argument that the Act unjustifiably restricts the right to compensation for damage suffered and reparation for harm suffered by persons conscripted into active military service under the pretext of fulfilling the universal duty of defence to the period from 1 November 1982 to 28 February 1983 only. In the opinion of the Sejm, the time criterion in the contested provision - as confirmed by an analysis of the legislative process - refers directly to the repressions during the martial law and the practice of the public authorities of moving away from internment in favour of conscription into active military service. In this sense, it remains symbolically linked to and develops other statutory guarantees providing for compensation for internment and martial law rulings.

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