Contemporary Face of the Codification of Administrative Procedure in Poland Cover Image

Współczesne oblicze kodyfikacji postępowania administracyjnego w Polsce
Contemporary Face of the Codification of Administrative Procedure in Poland

Author(s): Zbigniew Kmieciak
Subject(s): Law, Constitution, Jurisprudence
Published by: Wydawnictwo Uniwersytetu Gdańskiego
Keywords: model of an administrative procedure; functions of the Code of Administrative Procedure; decodification; complexity of the administrative procedure; clause of subsidiarity

Summary/Abstract: The Code of Administrative Procedure is regarded as a specific “monument of legal culture” and an outstanding achievement of Polish legislature. In the author’s opinion keeping the “undivided power” of this Act that the science of administrative law is strongly striving for is a pure illusion. The Code will be still “reigning” but it will not “ruling”. The role of the Code is changing at the same time. Its regulatory function is decreasing but the heading and organizational function is gaining importance. The provisions of the Code of Administrative Procedure are becoming essential but not the only component of the procedural regulations. Therefore the procedure seems to be more complicated and unclear. The author underlines that the model of administrative procedure demands a review. He expresses conviction that the adoption of the clause of subsidiary application of the provisions of the Code is really inevitable.

  • Issue Year: 2/2020
  • Issue No: 46
  • Page Range: 53-68
  • Page Count: 16
  • Language: Polish