Merytoryczne orzekanie przez sądy administracyjne w świetle konstytucyjnej zasady podziału władz
Review on the Merits by Administrative Courts in the Light of the Constitutional Principle of Separation of Powers
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In the cassation-type model of administrative jurisdiction, administrative courts investigate in principle only the administrative body’s compliance with the law. The main weakness of this adjudication formula is that the same case is consecutively heard by administrative authorities and administrative courts without a final decision being issued. However, the stereotype of a court coined in another epoch as a purely-cassation-type body must be obscure. Effective protection of rights and interests of an individual requires the use of more diversified control measures and, in specific situations, also allowing administrative courts to determine the results of administrative proceedings. In this context, we should look for an answer to the question: cassation-type of administrative jurisdiction or, in ”hard cases”, review on the merits. In the author’s opinion, review on the merits by administrative courts adheres to the Constitutional principle of separation of powers (Article 10 of the Constitution of the Republic of Poland).
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