COMMENT TO THE VERDICT OF THE PROVINCIAL ADMINISTRATIVE COURT IN GLIWICE OF NOVEMBER 7, 2023, III SA/GL 305/23 ON THE HOUSING ALLOWANCE FOR A UKRAINIAN CITIZEN

In the judgment under comment, the Court ruled on an issue that has not appeared in court jurisprudence to date. This is the issue of granting a housing allowance to a citizen of Ukraine who meets the material prerequisites for its award. The court held that if a party meets all the material prerequisites for granting the allowance, it should also be granted to a citizen of Ukraine, since the right to a housing allowance does not depend on the absence or possession of a certain citizenship. Accordingly, the Court annulled the decisions of the authorities of both instances. The article pointed out that the appealed decision of the second instance, as well as the preceding decision of the administrative body of the first instance, were issued in flagrant violation of Article 2 (1) (1) of the Housing Allowance Law.