ADMINISTRATIVE COURT CONTROL OF ‘OTHER ACTS OR ACTIVITIES IN THE AREA OF PUBLIC ADMINISTRATION AS REGARDS RIGHTS OR RESPONSIBILITIES RESULTING FROM LEGAL REGULATIONS’ UNDER ART. 3 §2 SECTION 4 OF THE ACT – LAW ON PROCEEDINGS BEFORE ADMINISTRATIVE COURTS
The object of the analysis is the administrative court control of “other acts or activities in the area of public administration as regards rights or responsibilities resulting from legal regulations” under art. 3 § 2 section 4 of the act – Law on proceedings before administrative courts. This study adopts the assumption about the existence of two types of complaints, and, as a consequence, two types of administrative court cases have been differentiated, as established by the legislator in art. 3 § 2 section 4. It has been assumed that it is justified to apply to them the interpretation directive according to which doubts occurring in the area of permissibility of filing complaints to the administrative court regarding a specific “other act” or “activity” under art. 3 § 2 section 4 of administrative court proceeding cannot be resolved to the detriment of the complainant. On the basis of the considerations presented, there are grounds for formulating postulates de lege ferenda: introduction of a statutory duty for the public administration bodies to give instructions about possibility of complaining against their actions under art. 3 § 2 section 4 of the administrative court proceedings and the related need to summon the body to eliminate the breach of the law and to observe statutory deadlines, determine a general rule for appropriate application of some principles and regulations of administrative court proceedings to “other acts” and to introduce the obligation to formulate substantive element of the court sentence under art. 146 § 2 of the administrative court proceedings by the court.
Uniwersytet Jagielloński, Katedra Postępowania Administracyjnego, 31-007 Kraków, ul. Olszewskiego 2
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