New institutions of disciplining administration in the draft amendment to the Act – Law on Proceedings before Administrative Courts
It has been 18 years since the institutions designed for disciplining public administration by administrative courts appeared in the Poilsh legal order, whose aim was, then, to facilitate and support the smooth course of a trial and make it possibile for an administrative court’s decision to be given and executed. The planned extensive amendment to administrative court proceedings initiated by the Supreme Administrative Court on the tenth anniversary of the adoption of the administrative court legislation induces one to present new institutions designed for disciplining administration in the Act of 30 August 2002. The law on proceedings before administrative courts – new or changed ones as compared to those regulated according to the original text of the law on proceedings before administrative courts. Consequently, one should recognise as definitely reasonable the direction of changes consisting in strengthening the rights of administrative courts of the first instance to replace public administration entities In the event that they are not carrying out their duties and are not settling an individual’s affairs by way of an administrative decision. In the context of the individual’s legitimate interest no doubts are raised as to the new right of the court to grant a sum of money, on behalf of the entity for the benefit of the appellant, equal to the amount between 1000 and 10,000 zlotys as a sort of compensation for the failure to execute a judgement. Among the new means of disciplining administration in the law on proceedings before administrative courts one can also include certain institutions whose aim is to limit the evident instances of the abuse of the right to cassation appeal by making its initial control possible. I believe that the proposed changes make it possible to discipline the public administration even more fully in administrative court proceedings, which is important, ta king into consideration the negative consequencesof the failure to comply with the law by public administration entities.
Wydział Prawa i Administracji Uniwersytetu im. Adama Mickiewicza w Poznaniu
Publication order reference