Abstract

The gloss refers to the resolution of 5 April 2013 in which the Supreme Court found that in a social housing vacating order the court shall decide about the entitlement of the persons concerned to social housing or the absence thereof. The commented resolution, which refers to an issue which so far has not been tackled by the Supreme Court despite a huge amount of court cases for ordering to vacate social housing, the Supreme Court raised a matter of great importance for Polish municipalities as well as those people who face so-called sidewalk eviction from social housing. The resolution, which deserves full approval, will undoubtedly set an appropriate direction in judicature for interpreting Art. 14.1 of the Tenants Rights, Municipal Housing Stock and the Civil Code Amendment Act of 21 June 2001. Both literal interpretation and interpretation of intent of that article provide no grounds for accepting that the phrase ‘an order to vacate housing’ does not cover ‘an order to vacate social housing’. The author also notes that in a specific case the court may resolve that a given person is not entitled to social housing with a view to the wording of Art. 5 of the Civil Code.