ZAKRES KOGNICJI POLSKIEGO SĄDU ADMINISTRACYJNEGO
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Date
2009
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Wydział Prawa i Administracji UAM
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SCOPE OF COGNITION OF A POLISH ADMINISTRATIVE COURT
Abstract
The paper deals with the issue of cognition of Polish administrative courts. The doctrine
formulates a number of different opinions on that matter, from a postulate to maintain the existing
model which limits the court’s supervision of the legality of a public administrative act in the
cassation system, to the introduction of administrative courts judicial decision as to the merits of an
administration case. In the light of the existing wording of Article 184 of Poland’s Constitution, the
latter proposal is currently unacceptable since its adoption would vest into the administrative court
the tasks of administration, leaving organs of public administration unable to realise their goals and
objectives. As a result, their activities would be taken over by courts.
There are a number of other reasons supporting the current judicial supervision, including the
fact that organs of public administration are highly specialised in different matters. A replacement of
the cassation system of supervision with a system of appeals would also entail a necessity to revise the
whole system of instance supervision, which again, would be contradictory to the currently binding
Constitution. What is more, the administrative court would loose one of its immanent features
namely, the power to control administration distinguish it from the jurisdiction of courts of law. This
could even lead to further postulates advocating resignation from a separate judicial decision in
administrative matters. Last but not least, there are historical reasons why the current model should
be retained.
All the arguments presented in the paper support the view that the cognition of Polish
administrative courts should remain unchanged.
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Citation
Ruch Prawniczy, Ekonomiczny i Socjologiczny 71, 2009, z. 4, s. 67-76
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ISBN
ISSN
0035-9629