Administrative Fines and the Administration of Justice
Administrative Fines and the Administration of Justice
Author(s): Maciej MiklińskiSubject(s): Law, Constitution, Jurisprudence, Administrative Law
Published by: Wydawnictwo Uniwersytetu Jagiellońskiego
Keywords: administrative fines; administration of justice; Financial Supervision Authority; administrative fine; Code of Administrative Procedure; procedural guarantees
Summary/Abstract: This study analyzes the issue of imposing administrative fines by public administration bodies in the Polish legal system. Using a dogmatic-legal method, the author verifies the thesis that the imposition of repressive administrative fines by executive authorities fulfills the material conditions of administration of justice and thus violates the constitutional boundary between the executive and judicial powers. Against the backdrop, he presents, among others, the police function of the Polish Financial Supervision Authority. The study, based on current and historical literature on the subject, judgments, and normative content, seeks the limits of punishment, drawing on the coexistence of judicial and administrative application of the law. The conclusions point to the need for a systemic correction of procedural and guarantee solutions in order to prevent the de facto transfer of judicial powers to non-judicial bodies.
Journal: Financial Law Review
- Issue Year: 2025
- Issue No: 39 (3)
- Page Range: 93-114
- Page Count: 22
- Language: English
