Sądownictwo administracyjne w nowej Konstytucji
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Date
1995
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Publisher
Wydział Prawa i Administracji UAM
Title alternative
Administrative courts in the future constitution
Abstract
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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Digitalizacja i deponowanie archiwalnych zeszytów RPEiS sfinansowane przez MNiSW w ramach realizacji umowy nr 541/P-DUN/2016
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Citation
Ruch Prawniczy, Ekonomiczny i Socjologiczny, 57, 1995, z. 2, s. 57-66