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Poland / Administrative Court / IV SA/GI 1129/16

P.P. v local self-government authority

Policy area:
Employment and social policy
Deciding Body type:
National Court/Tribunal
Deciding Body:
Voivodeship Administrative Court in Gliwice
Decision date:

Key facts of the case: 

The applicant P.P. submitted a motion to the local self-government authority for the “500+” social benefit. This benefit is dedicated to families who have at least two children. The Act on state aid in raising children (Ustawa z dnia 11 lutego 2016 r. o pomocy panstwa w wychowaniu dzieci) provides a catalogue of persons who may receive this benefit. The catalogue includes: the mother, father or a factual guardian of a child. P.P. does not live with his partner and they share custody over their children. In his motion, P.P. did not properly explain his situation (it was not clear from the motion which child the benefit would be for, nor did he clarify which child was staying with him on a regular basis). The local self-government authority ordered a social interview to be conducted (wywiad środowiskowy); however P.P. refused to participate in the interview, hence collection of information about his life situation was not possible. On these grounds (lack of proper information and the refusal to participate in the social interview), the local authority did not grant a benefit to P.P.

P.P. appealed against this decision to the Voivodeship Court.

Outcome of the case:

The Court dismissed P.P.’s application. In its judgement, the Court stated that there is no collision between domestic law (in light of which carrying out the social interview is mandatory in case of doubts in motions for the 500+ benefit) and international law (including the Charter of the Fundamental Rights or European Convention of Human Rights). The Court decided that the refusal to grant the benefit was justified in the circumstances of the case.