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Między władzą wykonawczą a sądowniczą. Ewolucja rozstrzygania sporów kompetencyjnych na ziemiach polskich w XX i XXI wieku.

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Jastrzębski R.

Z Dziejów Prawa

2014

vol. 7(15)

279-294

The article discusses the evolution of settling jurisdiction disputes between the executive and the judiciary power in Poland in the 20th century. The paper is divided into four sections: introductory matters; the Second Polish Republic; the situation post-1945, and the conclusion. In the first section, the author describes the origin of jurisdiction disputes, which dates back to the period of absolute monarchy in Europe, and introduces 19th century models for settling jurisdiction disputes. The author focuses in particular on constitutional solutions in the Duchy of Warsaw, the Kingdom of Poland, the Free City of Kraków, as well as the occupation countries: Austria, Prussia, and Russia. The second part of the article is devoted to the period of the Second Polish Republic, especially the organisation and activity of the Jurisdiction Tribunal, including its status in the constitutional system of the state. In the third section, the focus shifts to the post-war period, characterised by a complete lack of a separate authority whose purview would include jurisdiction disputes, up until the amendment of the code of administrative proceedings of 1960 in the 1980s. In the early 1980s. the Jurisdiction Court at the Supreme Court was established, and it continued to function until the end of 2003. In the conclusion, the author emphasises the fact that currently, there exists no authority whose purview includes settling jurisdiction disputes between common courts and organs of public administration. At the same time, the conflicting rules introduced into the legal system constitute a source of justified concerns regarding determination of the jurisdiction by the administrative authorities as well as the constitutional rule of the separation of powers.

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1 Z Dziejów Prawa

1 2014

1 Jastrzębski R.

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Między władzą wykonawczą a sądowniczą. Ewolucja rozstrzygania sporów kompetencyjnych na ziemiach polskich w XX i XXI wieku.