Określenie właściwości organu administracji publicznej w rozporządzeniu Prezydenta RP o postępowaniu administracyjnym z 22...
Determination of the competences of organs of public administration in the ordinance of the President of Poland on administrative procedure of 22...

Summary/Abstract: After Poland regained its independence (1918) there were several different administrative systems in operation on its territory. The remedy to overcome this situation was seen in a gradual unification of the administrative system commenced in 1919. In the first years of independence the provisions of administrative procedure introduced by former occupants were still in force. Their partial unification began in 1919 and the subsequent unification acts were published in 1923–1924 which concerned the appeals against decisions of administrative authorities. In 1926, the task of unification of the administrative proceedings was given to a special governmental subcommittee. The result was the Ordinance of the President of Poland on administrative proceedings of 22 March 1928. Its scope of regulation covered: the competence of public authorities organs, rules of exclusion of officials from the proceedings, premises of being a party of the proceedings, rules concerning evidence, rules regulating issuing of administrative decisions and appeal against them and the rights of parties for resumption of the proceedings. In the same year, the Ordinance was supplemented by regulations concerning compulsory proceeding and the proceeding on administrative offences. The questions concerning the competence of public administration were included in articles 2–6. Article 2 contains the principle that administration organs must comply with the their competence and jurisdiction and the regulation of action which should be taken in the case of application to the wrong administration body. Article 3 defines the rules governing the territorial competence of the administration organs and article 4, respectively – material competence. Articles 5 and 6 deal with disputes between administrative bodies over their competences. E. Iserzon, the author of the 1931 commentary to the Ordinance, pointed to three types of competences of administration organs: territorial, material and functional. Since the Ordinance occurred to be not only stable, because it remained in force until 1960, but most of its principles were adopted in subsequent codifications, the author of this study decided to provide, in a detailed way, the principles and provisions concerning the competence of public administration organs.

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