EN
The Act of 3 December 2010 on amendments to the Act – Administrative Proceedings Code and the Act – Law on Administrative Court Proceedings, has modified the scope of categories of employees of an administrative body who are subject, by law, to the exclusion from administrative proceedings related to cases in which they participated. Still, the new shape of the provision was introduced without defining ‘an employee’ that should be ‘excluded’. In his article, the author analyses the judicature of administrative courts and verdicts of the Constitutional Tribunal in this regard, and he observes that the basic legal problem that calls for an interference of the legislator has been the definition of the legal status of a person that performs the functions of a monocratic administrative body.