CHARAKTER PRAWNY KOMPETENCJI DO ZWRÓCENIA SIĘ DO BIEGŁEGO O WYDANIE OPINII W TOKU POSTĘPOWANIA ADMINISTRACYJNEGO
THE LEGAL NATURE OF THE COMPETENCE TO ASK AN EXPERT TO ISSUE AN OPINION IN THE COURSE OF ADMINISTRATIVE PROCEEDINGS

Summary/Abstract: The article addresses the issue of the legal significance of the competencies of public adminis-tration bodies to request an expert or experts to issue an opinion. In accordance with Article 84section 1 of the Code of Administrative Procedure (CAP), when special information is requiredin a case, a public administration body may ask an expert or experts to issue an opinion. The useof the word may in this provision suggests that the authority conducting administrative pro-ceedings may freely decide whether to request an expert opinion. This interpretative approachis unacceptable from the perspective of Article 7 of the CAP. Therefore, during the consider-ations, special emphasis is placed on determining the meaning of the word may. The analysis iscarried out using the dogmatic-legal method. It is established that the authority is empoweredto assess whether it is necessary to use special information to resolve the matter. Therefore, theauthority is entitled (using the language from Article 84 of the CAP: may) to indicate whetherits statutorily defined ‘substantive competences’ include information on specific circumstancesor whether they constitute expert knowledge. It is also established that the concept of specialinformation within the meaning of the CAP should not be interpreted in the same way as inthe case of other procedural acts. It is assumed that the above-mentioned concept should beunderstood as knowledge that the legislator does not require from the entity conducting specificadministrative proceedings.

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