Wezwanie do usunięcia naruszenia prawa – zbędny element w przepisach procedury sądowoadministracyjnej?
A request to remove an infringement – an unnecessary element in the provisions of the court-administrative procedure?
Subject(s): Public Administration, Court case
Published by: Uniwersytet Adama Mickiewicza
Keywords: request to remove an infringement; judicial administration control;
Summary/Abstract: The Polish model of judicial control of the administration assumes that it is the element crowning the system of verification of administrative activities. Therefore, the mere launch of court-administrative proceedings requires the exhaustion of appeals or, until recently, a call to remove the infringement. As a result of the reform of the administrative courts in mid-2017, this legal measure was eliminated from the provisions of the Act on Proceedings before Administrative Courts (APAC). The author answers the question of the extent to which the procedure of eliminating the summons to remove the violation of law from the provisions of the APAC – which had hitherto conditioned the effectiveness of lodging a complaint to the administrative court – was justified, and whether breaking with the fixed way of challenging acts and actions referred to in Article 3 para. 2 item 4 and 4a may be assessed positively. On this occasion, she indicates that despite the exclusion of this legal measure from the provisions of the APAC, it still functions in Polish legislation.
- Issue Year: 81/2019
- Issue No: 3
- Page Range: 101-114
- Page Count: 14
- Language: Polish