Selected principles of a general administrative proceedings in the light of the Ordinance of the President of the Republic of Poland on Administrative Procedure of 22 nd March 1928
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The paper aims to analyze selected issues of the administrative proceedings regulated by the Ordinance of the President of the Republic of Poland on Administrative Procedure issued on 22nd March of 1928. The authors focus on analyzing for example the scope of the application of the Ordinance, substantive and territorial jurisdiction of public administration bodies, the notion of the party and person concerned, ways of commencing proceedings, evidentiary proceedings and evidence, issuing of a decision and appeal proceedings. The assessment is conducted in the light of the current regulation of the Code of Administrative Proceedings. Authors underline numerous similarities between the Ordinance and current Code. These similarities prove legislative quality of the pre – WWII regulation especially high objectivity and impartiality standards of rulings introduced by the Ordinance. The paper ends with stressing of the law – making role played by the Highest Administrative Tribunal and its contribution to the interpretation of the provisions of the Ordinance.
- Journal of Laws No. 91, item 712. R. Kędziora, General administrative proceedings, Warsaw 2010, p. 4. Hereinafter as the Ordinace. J.L. No. 36, item 341. Austrian Act on administrative proceedings of 1925. D. Malec, J. Malec, History of administration and administrative idea, Cracow 2003, p. 174. Consolidated Text J.L. 2000, No. 98, item 1071; hereinafter referred to as the Code.
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