Remarks on the Legal Status of Selection Boards in Light of Selected Case-Law of Administrative Courts Cover Image

Uwagi w kwestii statusu prawnego komisji konkursowych na tle wybranego orzecznictwa sądów administracyjnych
Remarks on the Legal Status of Selection Boards in Light of Selected Case-Law of Administrative Courts

Author(s): Robert Stefanicki
Subject(s): Constitutional Law, Civil Law
Published by: Krajowa Izba Radców Prawnych
Keywords: administrative decision; selection board; the jurisdiction of the court; public oversight

Summary/Abstract: The Supreme Administrative Court, in one of its most recent resolutions, settled the legal questions regarding the status of selection boards. The Court held that a resolution by these boards refusing admission to the selection procedure to a candidate for the post of school principal is not an administrative act. Such an action undertaken by a board does not constitute an individual act, which takes the form of an administrative decision or an order; nor does it fall under the category of a legislative act of local law. The actions or omissions by the selection board are auxiliary to the competences of the public administration body that appoints it. This does not mean, however, the acceptance of non-transparency or a lack of verification of the activity that it carries out.

  • Issue Year: 2017
  • Issue No: 4
  • Page Range: 31-52
  • Page Count: 22
  • Language: Polish