JUDGMENT RECTIFICATION IN POLISH, SLOVAK, AND CZECH ADMINISTRATIVE COURT PROCEDURE Cover Image

SPROSTOWANIE ORZECZENIA W POLSKIM, SŁOWACKIM I CZESKIM POSTĘPOWANIU SĄDOWOADMINISTRACYJNYM
JUDGMENT RECTIFICATION IN POLISH, SLOVAK, AND CZECH ADMINISTRATIVE COURT PROCEDURE

Author(s): Agnieszka Ziółkowska
Subject(s): Comparative Law, Administrative Law
Published by: Uniwersytet Adama Mickiewicza
Keywords: judgment rectification; minor defects in judgments;

Summary/Abstract: Judgments (rulings and decisions) issued in administrative court procedures can be affected by minor defects which, while not impacting their legal existence, must nevertheless be remedied. If a judgment contains inaccuracies, clerical and accounting errors, or other obvious mistakes, a corrective measure in the form of a rectification is applied (ex officio or upon application). This procedural institution exists in the Polish administrative court procedure (Article 156 § 1 p.p.s.a.) as well as in the Slovak (§ 143 sentence 1 s.s.p.) and the Czech (§ 54(4) sentence 1 s.ř.s.) procedures. Despite the differences, which predominantly concern the effect of the application of this measure, in each of the procedures discussed herein, rectification consists in an exception from the self-binding effect and serves to eliminate the minor defects of a judgment, which is in the interests of both the judiciary and parties to proceedings.

  • Issue Year: 82/2020
  • Issue No: 4
  • Page Range: 203-220
  • Page Count: 18
  • Language: Polish
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