Evolution of Subjective Scope of the Administrative Procedure from a Perspective of Legally Protected Interests. Towards New Grounds of Participation in the Administrative Proceedings
Evolution of Subjective Scope of the Administrative Procedure from a Perspective of Legally Protected Interests. Towards New Grounds of Participation in the Administrative Proceedings

Author(s): Marcin Kamiński
Subject(s): Law, Constitution, Jurisprudence, Administrative Law
Published by: Wydawnictwo Uniwersytetu Łódzkiego
Keywords: administrative procedure; legally protected interests; administrative proceedings
Summary/Abstract: The Chapter deals with the theme of evolution of the subjective scope of administrative procedure. The underlying object is to consider the theoretical sources and phases of the development of legally protected interests in the administrative proceedings. The analysis begins with the presentation of administrative proceedings (procedures) conceptions. In the following parts of the study, there are considered, according to the chronology of creation, three models of the administrative procedure: adjudicatory model, rulemaking and policymaking model, deliberative and collaborative model. These considerations are conducted from the perspective of evolution of the subjective scope of procedures. The main attention is focused on the notion of legal interest (both public and private) as the fundamental premise that legitimizes participation in administrative procedures. The theoretical analysis leads to the conclusion that certain categories of the legal interests protected by the administrative law norms emerged in the course of development of the next generations of ad ministrative procedures. The bipolar model of the subjective structure of administrative proceedings was gradually shifting towards a multi-polar model of interest representation. The latter one – present in rulemaking (policymaking) and collaborative procedures – enables participation in the proceedings of both directly or indirectly affected entities and the public interest groups or individuals who are members of those groups and have diffused interests which are not individualized.

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