Strict liability Regime in Poland

• Authors: Śliwiński, Emil

Abstracts

PL

The article focuses on administrative violations, which are considered to be based on strict (or objective) liability model. Due to the lack of in-depth scholarly analysis of administrative liability, its principles had to be developed in the case-law of the Constitutional Tribunal, which influences the decisions of administrative courts. The recently introduced provisions of the Code of Administrative Procedure concerning administrative monetary penalties are also analysed. The conformity of this model with the guarantees provided by the European Convention on Human Rights is examined, as well. The analysis leads to the conclusion that three exculpatory circumstances are recognized in this regime: force majeure, necessity and ensuring the standard of diligence established by the Constitutional Tribunal.

Keywords

PL

objective liability; administrative liability; administrative monetary penalty; administrative offence; odpowiedzialność obiektywna; odpowiedzialność administracyjna; administracyjne kary pieniężne; delikty administracyjne

• Publisher: Wydawnictwa Uniwersytetu Warszawskiego
• Journal: Studia Iuridica
• Year: 2019
• Volume: 82
• Pages: 294-308

Dates

published

2020-03-11

Contributors

author

Śliwiński, Emil

Identifiers

DOI

10.5604/01.3001.0013.9792