Zasada dwuinstancyjności postępowania administracyjnego – aktualne problemy prawne
The principle of two-stage administrative proceedings– current legal issues
Author(s): Bogusława DobkowskaSubject(s): Constitutional Law, Administrative Law
Published by: Wydawnictwo Uniwersytetu Jagiellońskiego
Keywords: code of administrative procedure; principle of two-stage administrative proceedings; appeal; cassation decision; objection;
Summary/Abstract: One of the basic constitutional principles is the principle of two-stage proceedings. Raising it to a constitutional rank demonstrates its importance. The adopted model of two-stage administra- tive proceedings intends to guarantee that the decision issued by the administrative authority will be consistent with the law. The means of such verification constitutes an appeal. The article aims to present the most important institutions related to the principle of two instances and analyze them. It is undoubtedly an appeal, but also a waiver of the right to appeal, an objection and a cas- sation decision (Article 138 § 2 of the Polish Code of Administrative Procedure), which is the most controversial. For this purpose, the author uses dogmatic and legal methods.
Journal: Radca Prawny. Zeszyty Naukowe
- Issue Year: 2024
- Issue No: 2
- Page Range: 11 - 23
- Page Count: 13
- Language: Polish