GUILT AS A PREMISE OF ADMINISTRATIVE LIABILITY OF A PENAL CHARACTER
GUILT AS A PREMISE OF ADMINISTRATIVE LIABILITY OF A PENAL CHARACTER

Summary/Abstract: Liability for offences subject to administrative monetary sanctions formally belongs to administrative law, where the prevailing position is that guilt does not constitute a prerequisite for this liability. However, the punitive nature of some sanctions at the same time places this kind of liability under broadly understood criminal law (penal law). Their penal nature raises doubt as to the legitimacy of the aforementioned position concerning guilt. The aim of this article is to answer the question whether guilt should constitute a premise for administrative liability of a penal nature. First, analysis of the standards in the matter developed in the jurisprudence of the Polish Constitutional Tribunal, the European Court of Human Rights, and the Court of Justice of the European Union will be presented. Next, selected provisions of administrative law in force will be examined to answer the question whether they are compatible with the aforementioned standards.

• Details
• Contents