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Błędne uzasadnienie orzeczenia (art. 184 p.p.s.a.) a prawo do sądu

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Zaorski K.

Studia Prawnicze

2014

issue 4 (200)

173-187

The Supreme Administrative Court shall dismiss the cassation appeal if the challenged decision despite the erroneous reasoning corresponds to the right (art. 184 in fi ne p.p.s.a.). In an article in the context of this provision is presented right to fair trial (as a rule of law and the individual’s right). The author concludes that the wording of the provision does not affect right to fair trial. In his opinion, for thesis of compliance art. 184 in fi ne p.p.s.a. with right to fair trail speaks one of the basic elements making up this right. This element is a guarantee for hear the case without undue delay (in a reasonable time). At the same time the author notes that the application of that provision in certain situations may violate the right to a fair trial. In the article this problem illustrated judgments of the Supreme Administrative Court. The author shows how the Supreme Administrative Court shall give reasons for its decisions, so as not to violate the right to fair trail.

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1 Studia Prawnicze

1 Zaorski K.

1 2014

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Błędne uzasadnienie orzeczenia (art. 184 p.p.s.a.) a prawo do sądu