PL EN


2016 | 3(51) | 33–41
Article title

Glosa do postanowienia Naczelnego Sądu Administracyjnego z 1 października 2013 r., sygn. akt II GSK 1815/13

Content
Title variants
EN
A commentary to the ruling of the Supreme Administrative Court of 1 October 2013, ref. no. II GSK 1815/13
Languages of publication
PL
Abstracts
EN
The commentary concerns the ruling of the Supreme Administrative Court on the Act of 28 June 2012 on the Repayment of Certain Dues to Enterprises Resulting from Implementing Awarded Public Contracts. The authors tend to conclude that the main thesis of the commented ruling of the Supreme Administrative Court, i.e. excluding the applicability of the Code of Administrative Procedure to actions taken by the Director General for National Roads and Motorways in connection with claims for payment due to subcontractors on the basis of the above mentioned Act raises important concerns about its correctness. It is debatable from the point of view of both the general structure of administrative law, and the purposes of the above mentioned Act which was to create a special procedure for repayment of dues to subcontractors. In the light of the circumstances of the adoption of the bill and its provisions, it is difficult to accept the view the adoption of which not only deprives subcontractors efficient and low-cost administrative mode to review the decision of the General Directorate for National Roads and Motorways (GDDKiA), but compels them to initiate additional civil proceedings before common courts, the subject of which will, in fact, be the examination of the correctness of operation of GDDKiA as a public authority.
Year
Issue
Pages
33–41
Physical description
Contributors
  • Doktor nauk prawnych, adiunkt Uniwersytetu Warszawskiego, ekspert ds. legislacji BAS;, boguslas@interia.pl.
References
Document Type
Publication order reference
Identifiers
YADDA identifier
bwmeta1.element.desklight-04ffddef-8255-49fb-bea9-ce76ef929509
JavaScript is turned off in your web browser. Turn it on to take full advantage of this site, then refresh the page.