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Odwołalność czynności cofnięcia skargi do wojewódzkiego sądu administracyjnego

100%

Malinowski P. M.

Prawo

2014

issue 316/1

95 - 114

The withdrawal of a complaint to the administrative court refers to the main procedural act of the process before the administrative court, which initiates the process of judicial review of the legality of the action, inaction or excessive length of proceedings before the public administration. The withdrawal of a complaint to the administrative court is a procedural act of the complainant, who is defending his legal interest. The withdrawal of a complaint incorporates a statement of resignation from the protection of individual public rights before the administrative court. Protection of individual interest before the administrative court and the model of administrative justice which is focused not only on the protection of an objective legal order, but also individual public rights, require an analysis of the withdrawal of a complaint to the administrative court, which also includes the issue of revocation of the withdrawal of a complaint to the administrative court. The issue of the legal admissibility of revocation of the withdrawal of a complaint to the court has a fundamental significance for the determination of the legal limit of constitutional human rights to the court. This problem is more complicated and concerns the issue of the legal limits of the protection of individual interest before the court and the objective legal order within the institution to the withdrawal of a complaint to WSA and its importance from the point of view of the function of administrative justice and human rights to the court.

Procedural acts of the parties in the proceedings before the administrative court

100%

Malinowski P.

Prawo

2013

issue 315/1

Explanation and understanding of the nature and function of the procedural acts as essential constituent elements forming the structure of the proceedings before the administrative court is fundamental to the scientific explanation of the procedural issues. Today, it is difficult to imagine a full study of any institution of procedural law without reference to the debate on the general assumptions resulting from the nature, function and properties of procedural acts. Consequently, procedural acts in administrative court proceedings are to be counted as the most important phenomena of the process, and the very concept of a procedural step to basic research equipment of the proceedings before the administrative court, without which it is difficult to properly introduce and explain the institutions of this procedure. Procedural acts, extracted from a wider range of procedural facts, build the structures in the proceedings before the administrative court. These are the elements of a process that dynamize the process. Procedural acts lead to the initiation, development and implementation of the main purpose of the procedure, which is the judgment of the court deciding a dispute over the legality of the action, inaction or chronic proceedings by a public authority. In the proceedings before the administrative court the procedural acts of the parties should be analyzed in conjunction with the construction of the capacity to bring an action before the court. Differentiation of the capacity to bring an action before the court because of the type of protected interest is important from the point of view of reflection on the specific features of procedural acts of the parties that show some differences, depending on whether the party to the proceedings is an entity acting in the interests of the individual, public or social.

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2 Prawo

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1 Malinowski P. M.

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Odwołalność czynności cofnięcia skargi do wojewódzkiego sądu administracyjnego

Procedural acts of the parties in the proceedings before the administrative court