UGODA ADMINISTRACYJNA A ZASADA DWUINSTANCYJNOŚCI POSTĘPOWANIA ADMINISTRACYJNEGO
ADMINISTRATIVE SETTLEMENT AND THE PRINCIPLE OF TWO STAGES IN ADMINISTRATIVE PROCEDURE

Summary/Abstract: The present article concerns the juxtaposition of the general principle of conciliatory arrangement of the matter with the principle of two stages in Administrative Procedure from the point of view of the protection of individual’s rights in progress of instance. Settlement institution was established in Article 13 of the Code of administrative proceedings and gave the parties possibility of conciliatory arranging their contentious matters. In turn the principle of two stages in administrative proceedings was established in Article 15 of the Code of Administrative Procedure. This principle was also perpetuated in Article 78 of the Constitution of the Republic of Poland. The essence of principle specified both In Code of Administrative Procedure and in the Constitution of the Republic of Poland is to assurance the parties’ right to double consideration and conclusion of the administrative matter by two bodies of different instances. The purpose of this article was to establish if arranging the matter assurances the party their right to double conclusion of the matter. This issue was discussed by presenting the Settlement institution, the form of its inclusion and the meaning of the principle of two instances in administrative proceeding toward settlement.

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