Decyzja wywłaszczeniowa – ujęcie teoretycznoprawne a praktyka sądowej kontroli administracji
Expropriation decision – theoretical and legal approach and the practice of judicial control of the administration

Summary/Abstract: In the judicature, it has become quite common to believe that the final administrative decision is binding on the common court, with the only exception concerning the so-called absolutely unimportant due to their issuance by an obviously inappropriate authority, or without following any procedure. Only the decision annulling the expropriation allows you to bring an action for real estate. Due to the adoption of the view that the essence of the application for the annulment of the decision is only to exclude it from legal circulation, andnot to establish the groundlessness of the expropriation, various problems arise. The existence of the suspension of the course of acquisitive prescription due to force majeure results in the lack of the right to an “effective” recovery of the real estate. Therefore, the question arises as to what steps should be taken to pursue or establish, or to satisfy or secure a claim. The main research goal of this study is to determine the scope of these activities. The purpose of this article is to present the practice of applying the law and judicial control of administration in the example of an expropriation decision. The subject of the study is to distinguish within the title issue, judicial control of administration in the dimension of the use of facts in the process of law application by administrative courts. The considerations lead to the conclusion that delege ferenda, specific changes are needed, such as those concerning the determination by administrative courts of the normative consequences of facts correctly established in administrative proceedings.

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