Klauzula interesu publicznego w działaniach
administracji publicznej
Public Interest Clause in Public Administration Activity
Author(s): Marian Zdyb, Komierzyńska ElizaSubject(s): Law, Constitution, Jurisprudence, Constitutional Law
Published by: Wydawnictwo Naukowe Uniwersytetu Marii Curie-Sklodowskiej
Keywords: public administration; public interest; interest of citizen; particularistic interest; interest of individual; individual interest
Summary/Abstract: Nowadays public interest clause is taken as indissolubly connected with public administrationand its activity. Among other things it is used to describe, to qualify and define what is publicadministration itself and in what kind of mattersits essence consist in. Public interest is a fundamental,pivotal notion in administrative law, but still – in spite of attempts undertaken even by the legislatorto define this notion – it is not understood univocally. Public interest clause is a normative structure,it is a reference general clause. The most generally speaking, it is a directive applied to publicadministration organs, which should accomplish their tasks in the public interest. Public interestclause is reckoned among fundamental clauses for administrative law (meta-clauses), but it does notmean an ackowledgement of absolute primacy for public interest in public administration activity.One should remember about adequate weigh of public interest and interest of citizen (particularisticinterest, interest of individual, individual interest), because there are specified, fundamental humanrights and even there is an opinion that the notion of public interest acquires importance and gathersfull of its content only if it is set together with the right/interest of individual.
Journal: Annales Universitatis Mariae Curie-Skłodowska, sectio G – Ius
- Issue Year: 63/2016
- Issue No: 2
- Page Range: 161-179
- Page Count: 19
- Language: Polish