Browsing by Author "Zimmermann, Jan"
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Item PRAWO DO SĄDU W PRAWIE ADMINISTRACYJNYM(Wydział Prawa i Administracji UAM, 2006) Zimmermann, JanThe paper focuses on the analysis of specific features of administrative law and administrative tribunals, which influence the interpretation and application of the constitutional right to turn to a tribunal for a decision in administrative law. The constitutional right of recourse to court should be, in principle, understood equally in all branches of law, i.e. in the whole legal system. However, administrative law has a specific function and application, with the result that the activities of the administrative court are only secondary in relation to the activities of the organs of public administration. Moreover, administrative decisions are not of a substantive, but merely regulatory character. Consequently, the right of recourse to a tribunal within that branch of law may be construed differently. While a right to instigate administrative proceedings seems to be recognised, or legitimised, on the ground of legal interest, the concept of a claim differs, and the structuring o f the 'dispute' before an administrative tribunal is also different. The need for a different interpretation of the right to turn for an administrative decision does not mean that that right is in any particular way, restricted. Certain limitations do, however, occur, when it comes to more detailed regulations, which are analysed more thoroughly in the second part of the paper concluding with a proposition that the currently binding regulations should be gradually improved in order to ascertain a full and effective right of recourse to a court in administrative law.Item PRZEPISY OGÓLNE PRAWA ADMINISTRACYJNEGO I DEFINIOWANIE POJĘĆ(Wydział Prawa i Administracji UAM, 2009) Zimmermann, JanThe twenty years o f transformations in Poland are a good opportunity for proposing some ways in which the condition of Polish administrative law could be improved. One of the recommended actions is formulation o f general provisions of that branch of law. There two basic ways in which such an act could be drafted and substantially passed. A minimalist action would be to add to the existing system the missing elements, thus consolidating the system without any modification or intervention. Alternatively, the “general part” of administrative law could be created. A way to do that would be first, to identify, and next, to extract from it those elements or provisions that are of general character, and subsequently encapsulate them in one separate normative act. The definition o f the basic legal concepts of administrative law is of fundamental importance and several groups of such concepts may be identified. The first one includes concepts for which a statutory definition seems indispensable. In the first place this applies to concepts from the administrative law system that establish the mutual relationships between the administering subjects. The second one includes those concepts for which a statutory definition is at least disputable. To those belong concepts like an organ of public administration, or, in particular, concepts of individual forms o f the public administration activity. The necessity of defining an administrative decision produces some controversies as well. The third and last group includes those concepts, the defining of which seems to be out of the question. This includes, first of all, the concept of administrative recognition as defined in the draft bill on general provisions of administrative law which is the main subject of analysis in this paper. Defining general clauses, especially those of public interest, is also unacceptable.