Wyłączenie pracownika organu administracji publicznej w trybach nadzwyczajnych w kontekście zasady bezstronności
Exclusion of an Employee of a Public Administration Body in Extraordinary Procedures in the Context of the Principle of Impartiality

Summary/Abstract: According to commonly accepted in the doctrine and jurisprudence of the administrative court of views, the institution of exclusion of the employee ensures impartiality and objectivity in administrative proceedings. In order for administrative proceedings to reflect these features, it is worth looking more broadly at this problem. Above all, the officer issuing the decision should approach the task before him with an “open mind”. In addition,it should be taken into account that the extraordinary administrative case is still the same matter in substantive senses in relation to a case conducted in an ordinary manner. In the light of the considerations at work, the employee should be subject to extraordinary dismissal if he was previously involved in the ordinary decision.

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