Postawy zachowawcze organów administracji publicznej w procesie stosowania prawa (wybrane konteksty zjawiska)
Cautious attitudes of the public administration in the process of applying the law (selected issues)

Summary/Abstract: The aim of the article is to present the phenomenon of Cautious attitudes of the Public Administration in the Process of Applying the Law. In certain cases or some types of cases, the implementation practice of public administration is characterized by a high degree of restraint. It results, among others, from the dubious quality of the constantly growing number of provisions of the valid legal order, as well as from the “calculations of the civil servants” and the insufficiencies of the legal knowledge among them. A cautious attitude is particularly evident in the following issues: 1) mode of interpretation of the applying law; 2) attitude of public administration toward constitutional norms; 3.) application by the public administration of the provisions, which are within the scope of Constitutional Tribunal adjudication, resulting in the so-called partial opinions. The analysis of the problem presented in this paper leads to the following conclusions and solutions, limiting the cautious attitude negatively perceived by jurisprudence and society. It is necessary to work constantly on the awareness of the importance of the so-called complete interpretation of the law in a public administration decision-making process. In this regard, judicial decisions of administrative courts should play a particularly educational role. Appropriate legislative changes are significant for limiting the cautious attitude of public administration towards the application of the pro-visions of the Constitution. An example of such changes is the amended Code of Administrative Procedure in 2017. Thanks to these changes, it was supplemented by principles withdrawn from constitutional provisions. Exaggerated caution regarding applying the provisions within the Constitutional Tribunal jurisdiction, resulting in the so-partial opinions demands going back to the activism of public administration. This administration was a mere carrier of the legislator’s will for a long time.

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