Administrative-Court Review of Legal Compliance of Determining the Amount of Educational Subsidy and Its Transfer and the Right to a Court Cover Image

Kontrola sądowo-administracyjna zgodności z prawem czynności ustalania wysokości i przekazania dotacji oświatowej a prawo do sądu
Administrative-Court Review of Legal Compliance of Determining the Amount of Educational Subsidy and Its Transfer and the Right to a Court

Author(s): Andrzej Niezgoda
Subject(s): Public Finances, Administrative Law
Published by: Wydawnictwo Uniwersytetu Wrocławskiego
Keywords: educational subsidy; right to a court; material-technical activities; two-sector education system; free education;

Summary/Abstract: Activities of determining the amount of educational subsidies and its transfer were classified by the legislator as material-technical activities under control of administrative courts. This solution is to be regarded as a proper one. It is consistent with the aim of educational subsidies and its construction regarding substantive law and legal proceedings. Due to an unambiguous legal regulation, and the nature of determining the amount of the educational subsidy and its transfer, the notion that there is a need to refuse in a form of administrative decision is invalid. The position negating jurisdiction of administrative court in this matter on the grounds of misconception that subsidies have to be pursued through civil-legal proceedings is also incorrect.

  • Issue Year: 140/2025
  • Issue No: 1
  • Page Range: 603-613
  • Page Count: 11
  • Language: Polish
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