Small claims track during administrative court proceedings Cover Image

Postępowanie uproszczone przed sądem administracyjnym
Small claims track during administrative court proceedings

Author(s): Paweł Górecki
Subject(s): Law, Constitution, Jurisprudence
Published by: Wydawnictwo Naukowe Uniwersytetu Szczecińskiego
Keywords: administrative court proceedings; small claims track

Summary/Abstract: The aim of the implementation of a small claims track into administrative court proceedings was, above all, fastening of proceedings in administrative courts. The small claims track is recognition of a claim by a court in specific situations: when the contested decision is void within the meaning of art. 156 § 1 of the Administrative Procedure Code or other regulations or if a decision was issued with a defect which constitutes a basis for revision of the judgement, as well as when a party applies for recognition of a claim in such a track, unopposed by other parties. Recognition of a claim in a small claims track is also possible in a case referred to in art. 55 § 2 of the Law of the Administrative Courts Procedure. Observation of judicial jurisdictions indicates that a great amount of judgements concerning appeals against decisions and statements was made due to their voidness or an infringement of law which constituted a basis for re-opening of the administration proceedings. It was the reason for regulation of small claims tracks conducted in administration courts. However, after ten years of functioning of the act on the Law of the Administrative Courts Procedure, the small claims track, due to the manner of its regulation, have not fulfilled the expectation of the legislator.

  • Issue Year: 2014
  • Issue No: 06
  • Page Range: 25-40
  • Page Count: 16
  • Language: Polish