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  1. 1 Archivum Iuridicum Cracoviense

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  1. 1 2006

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  1. 1 Zimmermann J.

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CONSTITUTION OF THE REPUBLIC OF POLAND AND THE ADMINISTRATIVE LAW

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Zimmermann J.
Archivum Iuridicum Cracoviense
|
2006
|
vol. 39-40
23-40
EN
Appropriate operation of the administrative law requires that the provisions of the Constitution be applied directly by the public administration bodies. These bodies do not have the independent status and the principle of being bound by the legislative acts exclusively does not apply to them. While administering the law, they are not entitled to skip particular levels in the hierarchy of the sources of law and they do not have the right to raise a legal question to be examined by the Constitutional Tribunal. With respect to public administration bodies, it is assumed that constitutional norms and other legal norms currently in force are to be applied jointly. The Constitution closes the system of the sources of law, presenting in the form of a comprehensive catalogue. The obvious advantage of this state of affairs is the clarity in establishing the criteria of legality of actions of the public administration bodies, yet from the standpoint of administrative law there is a certain difficulty in classification of administrative regulations and general acts. The Constitution introduces the principle of subsidiary competence and the associated principle of decentralisation of public power. Both principles are further elaborated in the Polish legislation having relevance to local government. A thorough scrutiny of these provisions reveals that the potentials offered by these two principles are not fully utilised. The Constitution regulates the civil rights and introduces their extended catalogue. Of major importance is the citizen's right to be heard at a court, also the administrative court. On the other hand, norms regulating the administrative jurisdiction do not allow this right to be fully executed. .
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