Legal Position of Administrative Courts in Poland

2021 ◽  
Vol 23 (5) ◽  
pp. 526-539
Author(s):  
Marcin Wiącek
Keyword(s):  
The State ◽  
Legal Problems ◽  
Constitutional Tribunal ◽  
Legal Position ◽  
Administrative Courts

Abstract The article concerns the administrative judiciary in Poland. Firstly, the Author discusses the legal bases (in particular, the constitutional bases) and the scope of competence of Polish administrative courts, that is to say the ‘voivodeship’ administrative courts (courts of first instance) and the Supreme Administrative Court (court of second instance). Administrative courts in Poland are, in general, the “courts of cassation”, which means they may only control the legality of administrative decisions and may not determine the state of facts, nor replace administrative decisions by their judgments. Administrative courts are vested with the competence to apply the Constitution and they actively cooperate with the Constitutional Tribunal (in particular, by addressing ‘questions of law’ to the Tribunal). Secondly, the Author presents the scope of competence of the Commercial and Financial Chambers of the Supreme Administrative Court and considers selected legal problems in the administrative courts’ jurisprudence in commercial and financial cases.

scholarly journals Zawieszenie rekrutacji w szkolnictwie wyższym

2020 ◽  
Vol 6(161) ◽  
pp. 99-116
Author(s):  
Łukasz Kierznowski
Keyword(s):  
Higher Education ◽  
Scientific Literature ◽  
Case Law ◽  
Administrative Law ◽  
Constitutional Principle ◽  
University Recruitment ◽  
Constitutional Tribunal ◽  
Legal Position ◽  
Administrative Courts ◽  
The Individual

The aim of the study is to compare the admissibility of suspending (and in fact — annulling, abandoning) already announced and commenced recruitment in higher education, as recently approved in the case law of administrative courts, with the requirements of the constitutional principle of protecting trust in the state and law and the second degree principles derived from it, as well as to demonstrate the effects on the legal position of the individual of the consolidation of such a position and its dissemination in university recruitment resolutions in connection with new statutory regulations in the area of law on higher education and science. The study makes use of the scientific literature on constitutional and administrative law, the jurisprudence of the Constitutional Tribunal and administrative courts, and, auxiliary, other sources.

On Selected Issues Concerning Foundation Law in Poland

2019 ◽  
Vol 78 ◽  
pp. 280-295
Author(s):  
Edyta Litwiniuk
Keyword(s):  
Decision Making ◽  
Civil Society ◽  
Case Law ◽  
The State ◽  
Democratic State ◽  
Constitutional Tribunal ◽  
Legal Position ◽  
The Republic ◽  
Statutory Regulation

This paper is an attempt to assess selected aspects of the state of foundation law in Poland in relation to the legal position that the Constitution of the Republic of Poland has granted them. The text analyses selected statutory solutions in the light of separable patterns for reviewing their compliance with constitutional principles and values. In the author’s opinion, the provisions of the Polish Foundations Act and the regulations concerning the financing of foundations violate the constitutional standards of the Republic of Poland. In particular, it has been found that foundation law contains many loopholes, the filling of which requires the use of complicated interpretation techniques, which makes it impossible to ensure that the institution of the foundation is being and will be used properly as an element of civil society in a modern democratic state. Moreover, the opinion was presented that the functioning of foundations is excessively influenced by executive bodies, run by active politicians. This concerns, first of all, the unclear principles of supervision over foundations’ activities, and excessive powers to issue the executive regulations included in the Foundations Act, as well as the principles of the allocation of funds towards grants by the National Freedom Institute, based on a disproportionate freedom of decision making. For these reasons, the author postulates the adjustment of the Polish statutory regulation, dating back to the period of the Polish People’s Republic, to the constitutional standards introduced by the Constitution of 1997 and enshrined in the case law of the Constitutional Tribunal.

Review of the III International historical and legal congress “Legal traditions of the formation of Russian statehood”

2021 ◽  
pp. 182
Author(s):  
Lyudmila Yu. Grudtsyna
Keyword(s):  
Russian Empire ◽  
The State ◽  
Legal Research ◽  
Legal Traditions ◽  
Legal Problems ◽  
Scientific Schools ◽  
Legal Science ◽  
The Russian Empire ◽  
Further Development

The review of the III International historical and legal congress “Legal traditions of the formation of Russian statehood", dedicated to the 300th anniversary of the proclamation of the Russian Empire, is given. One of the main tasks of the event was to bring together representatives of science from different states, different scientific schools and directions to solve topical historical and legal problems of the state and law. Following the results of the congress, a declaration was adopted, in which the importance of continuing legal research of domestic state-legal traditions was noted, the main directions for the further development of historical and legal science were outlined.

State of emergency in Poland: constitutional regulation and “hybrid” nature during the COVID-19 pandemic

2021 ◽  
Vol 30 (4) ◽  
pp. 41-67
Author(s):  
Valentina Chekharina
Keyword(s):  
The State ◽  
Legal Regime ◽  
State Of Emergency ◽  
Hybrid State ◽  
Political Interests ◽  
The World ◽  
Constitutional Tribunal ◽  
Law And Justice ◽  
The Republic ◽  
Emergency Measures

The COVID-19 pandemic became widespread across the world throughout 2020 and 2021 in an emergency that gravely impacted the health and lives of people around the world. States have taken exceptional measures to combat the pandemic, including controversial decisions to introduce emergency regimes, which have been questioned in regards to their compliance with constitutional regulations. The fight against the COVID-19 pandemic requires special measures, however they must remain within the constitutional framework. Consequently, the pandemic and its effect upon the legality of regimes in a state of emergency has captured the attention of legal scholars. The aim of this study is to analyse the constitutional regulation of the state of emergency in the Republic of Poland which was introduced in the country during the COVID-19 pandemic. In Poland, an emergency regime was introduced following an order by the Minister of Health. However the state of emergency (here, natural disaster) as stated by the Constitution was not introduced, although, according to analysts, some state bodies and officials had confirmed that all the necessary conditions for this were met. On 2 March 2020, the so-called Special Law on Coronavirus was adopted, followed by other regulations to fight the pandemic. These analysts stated that the measures introduced by the new acts corresponded to a legal regime containing the constitutional characteristics of a state of emergency, but lacked the appropriate constitutional procedure for their introduction. Presidential elections were held at this time, however legally they cannot be held during a state of emergency, as it indicates the presence of political interests in the choice of the regime. The unconstitutional procedure of the introduction of emergency measures alongside their characteristics of the state of emergency make it possible to consider the epidemic regime introduced in Poland a “hybrid” state of emergency, which is not detailed by the Constitution or legislation. On this basis, the study concludes that reasons behind the unconstitutional response to the COVID-19 pandemic in Poland can be found in both the Constitution, and in the manifestations of the crisis of the constitutional and legal system, which began with the reform of Poland’s Constitutional Tribunal by the ruling Law and Justice party in 2015.

scholarly journals Procedural features of consideration of social cases in the administrative court of first instance

2020 ◽  
pp. 49-59
Author(s):  
Vasyl Ilkov
Keyword(s):  
Key Words ◽  
Social Function ◽  
The State ◽  
Public Authorities ◽  
The Public ◽  
The Social ◽  
High Figure ◽  
Administrative Courts ◽  
Administrative Code ◽  
Court Of First Instance

The article is devoted to procedural features and evidence during the consideration of social cases. The share of administrative lawsuits received by district administrative courts in social cases is more than 30%, which is a high figure among cases falling under the jurisdiction of administrative courts. A person goes to court when his right has already been violated by the state authorities. The administrative courts ensure the implementation of the social function of the state. Allegations that administrative courts serve public authorities are unfounded. Evidence of the court is provided by the parties to the case. The court can only invite the parties to provide evidence and collect evidence on their own initiative. The principle remains fundamental, in cases of illegality of decisions, actions or omissions of the public authorities, the burden of proving the legality of its decision, action or omission rests with the defendant. There is a problem of the possibility of considering social disputes under the rules of summary proceedings with the summons of the parties to the case in the event that there is a need to obtain an explanation from the parties or to examine witnesses. There is a need for legislative regulation of the possibility for the court to consider social disputes in the manner prescribed by the provisions of Article 262 of the Administrative Code of Judgment of Ukraine, after the opening of proceedings in the manner prescribed by the provisions of Article 263 of the Administrative Code of Judgment of Ukraine. It is important to ensure the possibility to continue the consideration of the case in the simplified claim procedure, with the summoning of the parties to the court session, after the opening of the simplified proceedings without summoning the parties. Key words: social disputes, district administrative court, evidence, proving, general claim proceedings, simplified proceedings.

scholarly journals Obudowa górnicza jako odrębny od wyrobiska obiekt – konstrukcja oporowa, podlega opodatkowaniu podatkiem od nieruchomości. Glosa aprobująca do wyroku Naczelnego Sądu Administracyjnego z dnia 10 stycznia 2020 r. (II FSK 532/18, LEX nr 2777589)

2021 ◽  
Vol 30 (1) ◽  
pp. 429
Author(s):  
Marzena Świstak
Keyword(s):  
Property Tax ◽  
Negative Consequences ◽  
Crucial Importance ◽  
Retaining Structure ◽  
Judicial Decisions ◽  
Legal Situation ◽  
Constitutional Tribunal ◽  
The Subject ◽  
Administrative Courts

<p>The author agrees with the Supreme Administrative Court’s judgement that has been glossed. The mining support may be classified as a separate to post-mining pit retaining structure and is subjected to the property tax. In 2011, the Constitutional Tribunal issued an interpretative judgement which is of crucial importance for the practice of the taxation of post-mining pits. First and foremost, it resolved the fundamental dilemma concerning the post-mining pit, deciding that as such a post-mining pit does not constitute the subject of taxation. The situation is different in the case of infrastructure located in underground post-mining pits, e.g. mining support. The analysis of the most recent judicial decisions shows that the issue mentioned still provokes numerous difficulties. The gloss thoroughly analyses the latest judicial decisions of administrative courts through the prism of the negative consequences for the legal situation of taxpayers. Undoubtedly the necessity to carry out a proper amendment seems justified. Such an amendment would in a clear, unambiguous manner determine the legislator’s will in the area of the taxation of post-mining pits.</p>

scholarly journals Forest road and public purpose investment

2019 ◽  
Vol 61 (4) ◽  
pp. 278-283
Author(s):  
Ewa Katarzyna Czech
Keyword(s):  
Social Interest ◽  
Nature Management ◽  
Local Authorities ◽  
Forest Roads ◽  
Mutual Cooperation ◽  
Forest Road ◽  
Public Purpose ◽  
Legal Problems ◽  
Legal Science ◽  
Administrative Courts

Abstract The functioning of forest districts in Poland should be based on their mutual cooperation with local authorities in order to achieve social interest, one of the examples of which is construction or reconstruction of roads. Due to the fact that achieving mutual investments encounter real legal problems arising from underspecified and unclear concepts, an assessment should be made of whether the construction and reconstruction of forest roads is a public purpose and also answer, what is a forest and forest road within the meaning of the provisions of the Act. It is necessary to present views of legal science and jurisdiction of administrative courts. The judicial direction of administrative courts is not beneficial for achieving investments; it does not even take into account that one of the investors’ purposes – forest districts – is nature management. Presenting the contrary argumentation to judicature positions should help courts make a proper assessment in the interpretation of provisions.

Ustalenie właściwości organu administracji publicznej w zakresie prowadzenia egzekucji obowiązkowych szczepień ochronnych i występowania z wnioskiem o ukaranie za uchylanie się od tego obowiązku

2021 ◽  
Vol 2 (70) ◽  
pp. 33-49
Author(s):  
Sebastian Czechowicz
Keyword(s):  
Supreme Court ◽  
Public Administration ◽  
The State ◽  
The Public ◽  
Judicial Decisions ◽  
The Supreme Court ◽  
Preventive Vaccination ◽  
Administrative Courts ◽  
Legislative Changes

The article is devoted to determine the authority competent to carry out the execution of the obligation to vaccinate, as well as the authority competent to apply for punishment of those who persistently evade preventive vaccinations on the basis of the Code of Misdemeanours in Poland. After analysing the competencies of the public administration bodies and comparing them with the judicial decisions of the administrative courts and the Supreme Court issued in cases involving mandatory preventive vaccination, which present an inconsistent line of jurisprudence, the author concludes that the enforcement body is the province governor. However, it is necessary to postulate legislative changes, primarily in the area of the possible transfer of competencies from the province governor to the State Sanitary Inspection.

A PROPÓSITO DEL ORIGEN Y EVOLUCIÓN DEL RÉGIME ADMINISTRATIF

2010 ◽  
pp. 767-785
Author(s):  
JESÚS LEGUINA VILLA
Keyword(s):  
Rule Of Law ◽  
Administrative Law ◽  
The State ◽  
Point Of View ◽  
The Rule Of Law ◽  
Public Rights ◽  
Statutory Power ◽  
Administrative Courts ◽  
Ancien Régime ◽  
Principle Of Legality

El Derecho Administrativo es un producto propio y específico del constitucionalismo nacido tras la ruptura revolucionaria con el Antiguo Régimen, que resultará profundamente condicionado por las circunstancias sociopolíticas del país, Francia, donde nació. El Régimen Administrativo del Estado de Derecho se conforma a partir del principio de legalidad, de la potestad reglamentaria, de las libertades públicas y los derechos públicos subjetivos, de la responsabilidad de la Administración y del control a través de la jurisdicción contencioso-administrativa. Administrazio Zuzenbidea konstituzionalismoaren berezko produktua espezifikoa da, Frantziako Iraultzak Erregimen Zaharrarekin apurtu ostean sortua eta herrialde horren egoera soziopolitikoak sakon baldintzatua. Zuzenbide Estatuaren Administrazio Araubideak osatzeko hauek guztiak hartzen dira abiapuntu: legezkotasun-printzipioa, arauzko ahala, askatasun publikoak eta eskubide publiko subjektiboak, Administrazioaren erantzukizuna eta administrazio-auziarekiko jurisdikzioaren bidez egiten den kontrola. Administrative Law is a product typical and specific of the constitutionalism born after the revolutionary break-off with the Ancien Regime, which was deeply conditioned by the sociopolitical circumstances of the State, France, where it was born. The Administrative Regime of the Rule of Law was made up from the point of view of the principle of legality, the statutory power, public freedoms and subjective public rights, the liability by the Administration and the review by means of the contentious administrative courts.

UPRAVNO SUDSTVO PREMA VIDOVDANSKOM USTAVU

2021 ◽  
Author(s):  
Zoran Jovanović ◽  
◽  
Stefan Andonović
Keyword(s):  
Second World War ◽  
The State ◽  
State Council ◽  
World War ◽  
Basic Principles ◽  
Legal Nature ◽  
History Of ◽  
Administrative Courts ◽  
Second World ◽  
Selection Of

The Vidovdan Constitution of the newly formed Kingdom of Serbs, Croats and Slovenes is one of the most important monuments of regional history of constitutional law. Adopted in 1921, in order to determine the basic principles of state and social organization, the Vidovdan Constitution contained certain provisions that are still acceptable today 100 years later. Moreover, the Vidovdan Constitution represents one of the most important moments in the creation of the administrative judiciary of the states that later emerged in the territory of the Kingdom. Namely, the literature states that the organization of the administrative judiciary, provided by the Constitution, leads to the most significant period in the development of the administrative judiciary (in Serbia) from its founding in 1869 until the Second World War. In this regard, as one of the most important aspects, authors emphasize the introduction of a two-tier administrative judiciary, with significant guarantees of professionalism in the selection of judges. Having in mind its significance in the history of the administrative judiciary, the authors will analyze the basic constitutional norms regarding the legal nature and organization of the administrative judiciary. Also, the research will include the issue of the position of judges of the administrative court and members of the State Council. In addition to the constitutional provisions, paper gives mentions to relevant provisions of the Law on the State Council and Administrative Courts, as well as the Decree on the State Council and Administrative Courts adopted shortly after the Vidovdan Constitution.

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