Instytucja zajęcia stanowiska jako forma współdziałania w stanowieniu i stosowaniu prawa
Institution of Taking a Position as a Form of Cooperation in the Adoption of Decisions and the Adoption of Legislative Acts of Law

Study on Substantive Law and Administrative Procedure

Author(s): Lucyna Staniszewska
Subject(s): Law, Constitution, Jurisprudence, Constitutional Law
Published by: Wydawnictwo Naukowe Uniwersytetu Adama Mickiewicza
Keywords: administration cooperation; taking a position by an administrative body; multi-level administration; co-competence; joint administrative decision
Summary/Abstract: The main aim of the book is to comprehensively examine the issue of cooperation between administrative bodies in the form of taking a position and responsibility for such administrative acts. While in the legal doctrine the issue of cooperation of local government units of a systemic nature has been the subject of numerous studies, substantive cooperation in applying administrative law and drafting administrative law are not discussed frequently. The last monographic study comes from the 1980s, but this issue is very significant with the prospect of the further development of cooperation between public administration bodies, because nowadays the administration conducts procedures that are increasingly complicated and require specialist knowledge. There is also a tendency for administrative bodies to develop informal modes of cooperation. If they have effects on third parties, parties to the proceedings, one might think about the guarantees of a fair administrative procedure in such a case. The need for cooperation between the authorities is inevitable due to the division of tasks, functions and competences between the authorities. Moreover, because of the globalization and cross-border nature of administrative proceedings, cooperation becomes an institution not only of intra-state but also of inter-state importance - within the authorities of the EU Member States and states and EU bodies. However, many adjudicating bodies are still wary of cooperation because they associate it with delegating their own competences to other bodies, for whose actions they are fully responsible. The Polish legal order still lacks a clear concept for the institution of taking a stand, and the inconsistency of the legislator assigning different meanings and character to identical forms of material cooperation causes serious problems in the application of this institution. This has a negative impact on its effectiveness, and thus on the reluctance of the authorities to take up a position, and likewise the parties to the proceedings, associating cooperation with proceedings becoming extended and less effective. The problems related to the act of undertaking cooperation are also important.

• Details
• Contents