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Poland / Supreme Administrative Court / I ONP 1/14

W.C. v Mazovian Voivodeship

Policy area:
Justice, freedom and security
Deciding Body type:
National Court/Tribunal
Deciding Body:
Poland / Supreme Administrative Court
Type:
Decision
Decision date:
30/05/2014

Key facts of the case:

In March 2011, the Mazovian Voivodeship issued a decision concerning compensation for W.C.’s real estate. W.C. did not agree with that decision and applied to the Voivodeship Administrative Court and than to the Supreme Administrative Court. The latter did not significantly change the previous judgement and decision. Its ruling was final. W.C. submitted a motion upon proclaiming the violation of the law by the Supreme Administrative Court’s judgement on the basis of its sever violation of law (namly Protocal 1 of the European Convention on Human Rights). In this case the court analysed the institution of a complaint to verify the legality of the final ruling. In the light of Article 285a § 3 of the Act on the procedure before administrative courts, such a complaint cannot be submitted against the judgements issued by the Supreme Administrative Court, unless it was issued with a violation of the EU law. Such an appeal should include an indication of a regulation which has been violated. In an analysed case, such an appeal should have included indication of the EU regulation which might have been violated, but there was no such indication. This is why the Court analysed whether Protocol 1 of the European Convention on Human Rights can be treated as a part of EU law. This analysis led the Court to the conclusion that the Protocol cannot be treated as a part of the EU law.