Zakaz pogarszania sytuacji prawnej skarżącego w procedurze sądowoadministracyjnej
The prohibition on the worsening of the appellant's legal situation during administrative court proceedings

Summary/Abstract: The prohibition on the worsening of the legal situation of the appellant is an expression of the individual's rights protection and a requirement of the rule of law. If it did not exist in Polish legal system, the position of an entity taking part in court proceedings would be much worse than it is. The significance of the prohibition of reformationis in peius is greater if the other party of the proceedings is assisted by officialdom. The prohibition on the worsening of the legal situation guarantees respect for acquired rights and their constancy. This situation suggest that on the one hand, there is a possibility of attempting to change the contested decision without the risk that the legal situation of the appellant will be worsened because s/he did not take into consideration one of the legal measures. On the other hand, the institution referred to in Art. 134 § 2 of the Act on the Law on the Administrative Courts Procedure has a major impact on the scope of the actions taken by administrative courts during proceedings.

• Details
• Contents