Draft position of the Sejm on the case Ref. No. SK 46/12. Cover Image

Projekt stanowiska Sejmu w sprawie o sygn. akt SK 46/121.
Draft position of the Sejm on the case Ref. No. SK 46/12.

Author(s): Andrzej Herbet, Krzysztof Oplustil
Subject(s): Law, Constitution, Jurisprudence
Published by: Kancelaria Sejmu
Keywords: Poland; Civil Code; Code of Administrative Procedure; compensation; Constitutional Tribunal

Summary/Abstract: The article addresses the imputed inconsistency with Polish Constitution of the provisions of the Code of Civil Procedure which require application of Article 160 of the Code of Administrative Procedure in the wording valid before 30 September 2003 in relation to claims for compensation of damages, including lost benefits as a result of an administrative decision issued before 1 September 2004. The authors claims that the questioned provision of the Code of Civil Procedure is inconsistent with Article 77 (1) in conjunction with Article 2 and Article 32 of the Constitution and is not inconsistent with Article 21 (1) and Article 64 (1) and (2) of the Constitution.

  • Issue Year: 2013
  • Issue No: 2
  • Page Range: 229-273
  • Page Count: 45
  • Language: Polish