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SUMMONS TO REMOVE A BREACH OF LAW DUE TO A DISTRICT COUNCIL RESOLUTION AND A COMPLAINT REGARDING THE RESOLUTION FILED TO THE ADMINISTRATIVE COURT - PRACTICAL COMMENTS

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Lewandowska K., Lewandowski T.

Ius Novum

2009

issue 2

21-30

There is an increase in the number of complaints regarding resolutions of local self-government legislative bodies, which is parallel to the citizens' legal awareness. Practice and doctrine have worked out various ways of managing cases connected with a consideration of a summons, then a consideration of a complaint regarding a resolution and filing the case in the administrative court. The aim of the work was to show that the varied practice used in self-government institutions can lead to a divergence, i.e. first of all, to the necessity to answer the question who should deal with a case before the court proceeding starts. Because such a solution, regulations regarding a summons to remove a breach of law by the institution, the fulfillment of which starts the filing of a case in court, is mainly aimed at initiating a process of public administration bodies' self-control, so that courts would deal with really contentious issues that cannot be eliminated through self-control. Practice indicates that the process of self-control in connection with complaints regarding resolutions of local self-government legislative bodies is not really implemented. Another remaining problem is to notify and summon the body competent to manage the case. The authors used mainly analytical and comparative methods in the work

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1 Ius Novum

1 Lewandowska K.

1 Lewandowski T.

1 2009

Search results

SUMMONS TO REMOVE A BREACH OF LAW DUE TO A DISTRICT COUNCIL RESOLUTION AND A COMPLAINT REGARDING THE RESOLUTION FILED TO THE ADMINISTRATIVE COURT - PRACTICAL COMMENTS