Instytucja współdziałania materialnego w wydawaniu aktów administracyjnych na przykładzie wybranych porządków prawnych – Polski i Republiki Federalnej Niemiec
The institution of substantive cooperation in issuing administrative acts on the example of selected legal orders – Poland and the Federal Republic of Germany
Author(s): Lucyna StaniszewskaSubject(s): Politics / Political Sciences, Law, Constitution, Jurisprudence, Governance, Public Administration, Public Law, Comparative Law, Administrative Law
Published by: Uniwersytet Adama Mickiewicza
Keywords: joint decision in an administrative matter; complex administrative acts; cooperation of public administration bodies
Summary/Abstract: The article focuses on the issue of cooperation between public administration bodies, which aims to improve the administration. Cooperation is primarily a legal obligation, to the extent specified in a substantive legal norm, and the cooperating body is obliged to take this action in the appropriate form. In the discussed legal orders – Polish and German – there are many forms and gradations of cooperation. The article discusses issues associated with the legal nature of participation acts, as well as the auxiliary nature of the proceedings before the body obliged to take a position. The issue of the participation of the parties to the main proceedings before the cooperating body and models of judicial review of the act of participation are discussed. The conclusion of the article boils down to the thesis that the legislator needs to rethink the model of cooperation in Polish law, but also to improve the practice of its application.
Journal: Ruch Prawniczy, Ekonomiczny i Socjologiczny
- Issue Year: 83/2021
- Issue No: 1
- Page Range: 129-141
- Page Count: 13
- Language: Polish