ZASADA PRZESTRZEGANIA Z URZĘDU WŁAŚCIWOŚCI PRZEZ ORGANY ADMINISTRACJI PUBLICZNEJ
The principle of rountinely abiding to the jurisdiction by the organs of public administration
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The norm resulting from the Article 19 of Administrative Code formulates the principle of routinely abiding to the jurisdiction by the organs of public administration, from which the doctrine and judicial decisions derive individual directives. According to the principle an organ cannot undertake any action in the proceedings if it turns out not to be a relevant authority. This principle also determines the action to which the organ is obliged in such a case, namely establishing the relevant authority and promptly sending the application in question. Similarly, the principle obliges the public administration body to initiate jurisdiction dispute to protect its scope of responsibilities against other organs and to avoid introducing into other organs’ scope of responsibilities for matters which are not theirs by virtue of law. Failure to comply with the principle of routinely abiding jurisdiction by the organ of public administration constitutes a disqualifying defect of the proceedings, which results in the decision declared invalid in accordance with article 156 paragraph 1 item 1 of the Administrative Code. It remains irrelevant, what kind of jurisdiction (material, local, or appeal) was breached when the decision was taken or the fact that the settlement is correct with regard to its content.
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