Silent adjudication of administration – conclusions de lege ferenda Cover Image

Milcząca zgoda administracji – wnioski de lege ferenda
Silent adjudication of administration – conclusions de lege ferenda

Author(s): Zofia Snażyk
Subject(s): Law, Constitution, Jurisprudence
Published by: Kancelaria Sejmu
Keywords: administrative silent; fiction of adjudication; inaction of administration;

Summary/Abstract: The purpose of the opinion is to examine the ability to adapt the institution of so-called „legal silence” into the Code of Administrative Procedure. In a number of polish laws the legislator combined with the inaction of administration different legal consequences. This specific regulations are very various. It cause a series of doubts both on a theoretical and practical plane and arise questions on searching an antidote to undesirable inaction of administration. General clause of fiction of positive or negative adjudication in administrative cases is used in several legal administrative system such as French, Italian, Spanish, Portuguese or German.

  • Issue Year: 2015
  • Issue No: 1
  • Page Range: 9–37
  • Page Count: 29
  • Language: Polish