Applicability of General Principles of Administrative Procedure Cover Image

Zakres obowiązywania zasad ogólnych postępowania administracyjnego
Applicability of General Principles of Administrative Procedure

Author(s): Aneta Majewska
Subject(s): Law, Constitution, Jurisprudence, Public Administration, Government/Political systems
Published by: Wydawnictwo Naukowe Uniwersytetu Marii Curie-Sklodowskiej
Keywords: general principles of administrative procedure; applicability of general principles; administrative procedure; the Code of Administrative Procedure;

Summary/Abstract: The issue of applicability of general principles included in Articles 6–16 of the Code of Administrative Procedure is a controversial and a disputable one. Applicability of general principles in jurisdictional procedure, in other procedures regulated by the Code of Administrative Procedure and in the procedures regulated by provisions other than those included in the Code of Administrative Procedure, will be analysed. The doctrine presents different opinions concerning the force of applicability of general principles in those procedures. One thing is certain: general principles of the Code of Administrative Procedure are legal norms which have been singled out in jurisdictional administrative procedure where they fully apply. The range of applicability of general principles of the Code of Administrative Procedure is not limited only to jurisdictional administrative procedure; some principles apply fully to summary procedures due to their nature and specificity. Additionally, general principles of the Code of Administrative Procedure should be also applied to procedures not regulated by codes, which are regulated by other acts concerning administrative procedure.

  • Issue Year: 25/2016
  • Issue No: 4
  • Page Range: 147-170
  • Page Count: 24
  • Language: Polish