War in Ukraine as a Factor Determining the Scope of Judicial Review of Public Administration in Poland: Remarks on the Municipal Resolutions Providing Aid for Ukrainian Local and Regional Communities
War in Ukraine as a Factor Determining the Scope of Judicial Review of Public Administration in Poland: Remarks on the Municipal Resolutions Providing Aid for Ukrainian Local and Regional Communities

Summary/Abstract: This paper aims to determine whether the war in Ukraine will affect the scope of judicial verification of public administration in Poland. According to new legislation (the socalled Aid Act), which Polish Parliament passed shortly after February 24, 2022, the Polish municipalities (cities) are entitled to provide aid for local foreign communities, especially those within the borders of Ukraine. The basis for such aid will take the form of a proper municipal or city council resolution. The main issue concerning this form of aid is the necessity of applying Ukrainian law, at least in the context of decoding who is entitled to be a beneficiary. Against this background, it is vital to determine whether such circumstances as war and humanitarian reasons should affect the scope of judicial review. In theory, two approaches are available, formalism and judicial relativism which both are inappropriate. The author argues that the doctrine of deference, as understood by justice A. Scalia must be applied to secure both rule of law principle and the legitimacy of administrative courts in Poland. The main subject of the analysis was the content of the law, which was the starting point for analysing the views of the doctrine and jurisprudence. Due to the international nature of the issue, it was necessary to refer to the achievements of Ukrainian law.

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