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Motywacja aktów administracyjnych
Motivation of administrative acts

Author(s): Tomasz Białobrzeski
Subject(s): Christian Theology and Religion, Canon Law / Church Law, Administrative Law
Published by: Warszawska Prowincja Redemptorystów
Keywords: motivation of administrative acts; administrative procedure; recourse;

Summary/Abstract: The subject of the publication is the motivation of administrative acts. The legislator of the Code of Canon Law requires that the individual acts, in addition to decisions, also include the motivation that led them to such a solution to a particular situation. In a special way, the requirement of motivation refers to a specific decree and was promulgated in can. 51 of the Code of Canon Law. The entire publication consists of an introduction, three main parts and an ending. The introduction includes a general definition of the administrative act and formal requirements to be met. An understanding of motivation in canonical terminology is also presented. The first part contains a description of the general principle of administrative proceedings in the Church, which is the principle of motivating administrative acts. The second part – the most comprehensive one – was devoted to the motivation of individual administrative acts, i. e. specific decrees and orders, as well as references, privileges and dispensations. In the third part, the consequences resulting from the lack of motivation of the decision expressed in a specific administrative act were indicated. The ending contains a summary of the topic and conclusions. It results from them that in the case of those acts in which the legislator does not require explicitly placing motivation, it is useful and indicated. It avoids administrative disputes.

  • Issue Year: 2019
  • Issue No: 17
  • Page Range: 339-349
  • Page Count: 11
  • Language: Polish