Browsing by Author "Hauser, Roman"

Now showing 1 - 8 of 8
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    O FORMACH KONTROLI KONSTYTUCYJNOŚCI PRAWA PRZEZ SĄDY
    (Wydział Prawa i Administracji UAM, 2008) Hauser, Roman; Trzciński, Janusz
    Decisions of the Constitutional Court (Trybunał Konstytucyjny), the Supreme Court and the Supreme Administrative Court have demarcated the admissible limits of control that courts may exercise over the constitutionality of law. Those limits are also guarantees of the integrity of competences of the Constitutional Court and a good example of different forms in which the Constitution may be directly applied. The most extreme views i.e. that under no circumstances is a court authorised to control (or supervise) the unconstitutionality of a given regulation/provision, or that it may do so in respect of each individual case, have been practically eliminated. Moreover, adoption of the latter view would have resulted in a refusal to implement and enforce e.g. a statutory provision, thus enabling direct application o f the Constitution. Taking as an example the jurisdiction of the Supreme Administrative Court, those admissible limits in which the constitutionality of laws may be controlled (and therefore the Constitution directly applied), being a peculiar compromise between the two extreme positions described above would be as follows: 1) regarding the constitutionality of a statute, the rule is that in case of doubt, a court is obliged to refer the matter to the Constitutional Court, unless: a) it is a case o f so-called secondary unconstitutionality of the provision b) the provision is clearly and explicitly unconstitutional; 2) regarding the constitutionality o f fundamental acts (ordinances), the long established opinion has been that courts may review their compliance with the Constitution in the course o f the matter under revision, with effect only for that particular matter. It is obvious that an alternative for each court shall always be a referral of the matter to the Constitutional Court rather than formulating an independent opinion on the unconstitutionality of an ordinance. This decision, however, shall always be made by the court in question.
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    Ochrona interesów obywatela w postępowaniu przymusowym w wybranych państwach socjalistycznych
    (Wydział Prawa i Administracji UAM, 1983) Hauser, Roman
    The article describes the regulation of execution proceedings in administration of the selected European socialist States. The analysis is limited to the legislations of those States, where the execution proceedings has been more completely regulated. It is the case of Bulgaria, Czechoslovakia, Yougoslavia, Poland and Hungary. In the remaining States the execution proceedings occupies a secondary position and is fragmentarily regulated in various legislations of detailed problems of state's administration. Various normative models adopted in the socialist States can be specified on the grounds of varying modes of regulating the procedure. The author focused on the problem of safeguarding legally protected interests of citizens in the execution proceedings in the compared legislations. The very fact of legislating the proceedings by means of parliamentary acts has the essential effect upon the protection of citizen's interest. Out of detailed questions the following were analysed: mode of regulating some execution means (substituted execution, immediate enforcement), principles of execution proceedings and the system of appeals. The author concludes that the priority is attributed to the protection of State's interest in the specific collission of State's and citizen's interest which is observed in legislations of execution proceedings in the socialist States. Polish legislation however, can effectively protect the interest of citizens in the execution proceedings. The author indicates at the necessity of further actions aiming at more effective citizen's interest protection by means of submitting decisions given in the execution proceedings under judicial control of administrative decisions.
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    OD REDAKCJI
    (Wydział Prawa i Administracji UAM, 1998) Hauser, Roman
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    Sądownictwo administracyjne w nowej Konstytucji
    (Wydział Prawa i Administracji UAM, 1995) Hauser, Roman
    Considerations concerning the place and position of administrative courts in the future constitution appear before the remarks concerning the normative model of these courts in Poland during the period 1919-1939. The current position of the Head Administrative Court refers to the solutions ofthat interwar time. Generally, in the discussions about the new constitution, as well as in the drafts of the constitutions already prepared, a tendency advocating the retention of the currently binding solutions is observed. The role of the Head Administrative Court is still seen to be a one-instance, specific and independent organ, guided only by the of bills, and of cassation competence. However, the judiciary supervision of the awards and decisions of the Head Administration Court would be still the responsibility of the Supreme Court. The paper suggests other positions which the Head Administrative Court might assume in the new constitution. The future administrative courts have also been given new considerations. The solutions postulated in the paper might, in the near future, lead to the implementation of a two-instance administrative courts in Poland, which would, together with the Head Administrative Court, become separate and independent of the Supreme Court. The fundamental solutions to the draft of the new bill about the Head Administrative Court, which postulate, among others, an extension of the Court's jurisdiction, have been identified. The new proposals bring administered subjects much closer to the European standards.
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    Stanowienie zarządzeń porządkowych w okresie stanu wyjątkowego
    (Wydział Prawa i Administracji UAM, 1986) Hauser, Roman; Ziemski, Krystian
    The article dwells on the problems of lawmaking by the local organs of State's authorities and by the organs of state administration of general competence, functionally related to them. Particular attention was focused on enacting legal acts in emergengent situations calling for immediate action resulted by the state of threatening security, public order or disasters. Discussion of the presently enforced legal state in the respect of local lawmaking is proceeded by ithe theoretical reflectionis. Among others, the need of granting local organs lawmaking competence is discussed as well as norms granting the said competence. Two distinct means of granting legislative competence are indicated, this becomes a basis to differentiate two groups of local acts. The first one comprises acts of the executive character, enacted on the grounds of particular competence provided in the statutes. The second one comprises the so called "self-contained" acts in such a sense that their basis is nothing more but the general competence to enact certain legal acts. The "self-contained" acts can be enacted in order to divert a state of threatening of certain interests or its results. The character of legal acts to be enacted on the grounds of the Peoples' Councils and Territorial Self-Government Act is analysed on the basis of the findings obtained. What is particularly thoroughly analysed are the legal acts which can be enacted by the-administration organs of the voivodship (district) level on the grounds of the Emergency State Act competence. The said acts are named by the legislator as public order regulations, that notion has been previously referred to the acts of special character enacted by the local organs on the basis of the Peoples' Councils Act. It is ascertained in the result that the notion is used by the legislator exceptionally in a context different to the previous understanding. For these are acts of the executive character, enacted exclusively by administration organs of the voivodship level, having no common traits with regulations containing public order provisions, introduced by the Peoples Councils and Territorial Self- -Goverrrment Act.
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    Terminy załatwiania spraw w k.p.a. w doktrynie i orzectnictwie sądowym
    (Wydział Prawa i Administracji UAM) Hauser, Roman
    The efficiency of public administration organs is of essential importance not only for the citizens but also for realization of State purposes in different spheres. Therefore the legislator looks for some effective methods of getting the administration more disciplined. The solutions are the following, first of all: devolution of competences, notifying about defects in the conduct of administrative officials and recognition of the fact that silence of an organ gives its consent. The author discusses precedent, present and projected legal regulations on the time limits for settling of administrative cases. When analysing respective dispositions of the Code of Administrative Procedure he cites also corresponding judicial decisions of the Principal Administrative Court. The following aspects are mentioned, among others: judicial time limits, appealing to higher instances, complaint regarding the inactivity of an administrative office, responsibility of the administration employees. The author considers that the regulations in force do sufficiently assure to the parties to a case the possibility of claiming to settle their demands within due time limits. Only in a few cases a complaint regarding the inactivity of administrative organs is lodged in the Principal Administrative Court. However it is possible that such a restreint number of complaints results from too little conscience of the citizens of a possibility itself of such a procedural facility being awailable.
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    WSZCZĘCIE POSTĘPOWANIA ADMINISTRACYJNEGO
    (Wydział Prawa i Administracji UAM, 1998) Hauser, Roman
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    WŁAŚCIWOŚĆ SĄDÓW ADMINISTRACYJNYCH
    (Wydział Prawa i Administracji UAM, 2004) Hauser, Roman; Kabat, Andrzej
    The article presents how the jurisdiction of administrative courts has been shaped by legislative acts that introduced a system of two-instance administrative courts. Administrative courts exercise judicial power just like the Supreme Court, courts of general jurisdiction and courts martial (article 175 of the Constitution of the Republic of Poland). The range of administrative courts’ jurisdiction and the nature of their judicial power are clearly formulated in article 184 of the Constitution. According to the article, administrative courts exercise control over civil service within a scope limited by statutes. The control involves passing judgments on the compliance of local government’s resolutions with statutes. Setting clear limits of administrative courts’ material jurisdiction by the Constitution had a decisive impact on the way and scope of regulating this jurisdiction by statutes that introduced reform of administrative courts: the Administrative Courts Structure Act, 25th July 2002, the Proceedings Before Administrative Courts Act, 30th August 2002, and Introductory Provisions to: Administrative Courts Structure Act and the Proceedings Before Administrative Courts Act.