Ideas of Amendment of the Code of Administrative Proceedings of 7th April 2017 Cover Image

Kierunki nowelizacji Kodeksu postępowania administracyjnego w świetle ustawy z 7 kwietnia 2017 r.
Ideas of Amendment of the Code of Administrative Proceedings of 7th April 2017

Author(s): Joanna Wegner, Bartłomiej Wróblewski
Subject(s): Law, Constitution, Jurisprudence
Published by: Łódzkie Towarzystwo Naukowe
Keywords: administrative proceedings; reform; judicial review

Summary/Abstract: The article deals with the amendment of the Code of Administrative Procedure and the Law on Proceedings before Administrative Courts of 7 April 2017, which came into force on 1 June 2017. The authors presented the stages of the legislative process, emphasizing the role of the Administrative Reform Team, which worked in 2012–2016 under the auspices of the President of the Supreme Administrative Court. The main ideas of the amendment were characterized in the paper, using the historical and formal-dogmatic method, including the acceleration and simplification of the proceedings, the fuller implementation of the good administration principle, and the inclusion of mediation. According to the authors, the application of the new regulation will also speed up administrative court proceedings. In the authors’ opinion the ideas of the new regulation should be rated positive, although there are shortcomings of it. That is why it requires some adjustments, especially devoted to the opposition against the cassation decision.

  • Issue Year: 2019
  • Issue No: 110
  • Page Range: 187-207
  • Page Count: 21
  • Language: Polish