Czynność materialno-techniczna (jako prawna forma działania administracji) a orzeczenie w rozumieniu art. 79 ust. 1 Konstytucji .
Material and Technical Actions (as a Legal Form of Operation of the Administration) and a Judgment within the meaning of Article 79 (1) of the Constitution

Summary/Abstract: The article is an attempt to examine what meaning is attributed by the Constitutional Tribunalto the concept of judgment on the basis of Article 79 (1) of the Constitution. The content of theso reconstructed defi nitions has been referred to those attributes which, in terms of the doctrineof administrative law, are typical of material and technical actions of public administration authorities. As a result of this comparison, it is concluded that the basic criteria for clarifi cationby the Court of the term “judgment” (induction of direct or indirect legal effects, the result ofapplication of a legal norm, the imperious character) are also applicable to the material and technicalactivities. Therefore, the arguments used by the Polish constitutional court, which are assumedto justify the exclusion of those actions from the scope of Article 79 (1) of the Constitution,are not suffi cient. Their validity may be undermined by the counterarguments raised bythe legal doctrine of administrative law. Accordingly, it is proposed to use such a criterion whichleaves no doubt that a material-technical action by an authority is not a judgment within themeaning of Article 79 (1) of the Constitution.

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