The Supreme Administrative Court has revoked the decision of the Provincial Administrative Court and dismissed the petition for suspension of the execution of the order issued by the Minister of Culture and National Heritage on the merger between the muse
The Supreme Administrative Court has revoked the decision of the Provincial Administrative Court and dismissed the petition for suspension of the execution of the order issued by the Minister of Culture and National Heritage on the merger between the Museum of the Second World War and the Museum of Westerplatte and the War of 1939.
By the decision dated 5 April 2017, the Polish Supreme Administrative Court has revoked the decision of the Provincial Administrative Court in Warsaw of 30 January 2017 and dismissed the petition for suspension of the execution of the order issued by the Minister of Culture and National Heritage of 6 September 2016 on the merger between the following state cultural institutions: the Museum of the Second World War and the Museum of Westerplatte and the War of 1939 and on the formation of a new state cultural institution: the Museum of the Second World War in Gdańsk.
In its decision addressing the Minister’s complaint against the earlier decision of the Provincial Administrative Court, the Supreme Administrative Court has decided that the case at hand is not subject to the jurisdiction of administrative courts in accordance with art. 5(1) of the Law on Proceedings Before Administrative Courts of 30 August 2002. Therefore, there were no grounds for the Supreme Administrative Court to review the statutory prerequisites of suspending the execution of the contested order and to review the right of the Director of the Museum of the Second World War in Gdańsk to appeal against it. In consideration of the above, having related the subject of the petition for suspension of the order execution to the statutory prerequisites of excluding administrative courts from jurisdiction, the Supreme Administrative Court has revoked the appealed decision of the Provincial Administrative Court in Warsaw and dismissed the petition for suspension of the execution of the order issued by the Minister of Culture and National Heritage.
