Sprawiedliwość a termin procesowy w postępowaniu administracyjnym i sądowoadministracyjnym
Justice and a procedural term in administrative and administrative courts proceedings
Author(s): Mariusz BoguszSubject(s): Human Rights and Humanitarian Law, Law and Transitional Justice
Published by: Wydawnictwo Uniwersytetu Gdańskiego
Summary/Abstract: Administrative proceedings and proceedings before administrative courts are based on the standards of the protection of individual rights. At the same time, they are formalized procedures. The failure of a participant of an administrative proceeding or a proceeding before an administrative court to satisfy the rigors of formal procedures (including the deadline to appeal against the decision of a public administration authority or an administrative court) can prematurely terminate the procedure and lead to results that are unfair in terms of content (although procedural correct). The Author considers how to solve the problem of a partial conflict between procedural justice, based on formalism, and the need to ensure the appropriate substantive decision which complies with the provisions of substantive law.
Journal: Gdańskie Studia Prawnicze
- Issue Year: 2016
- Issue No: XXXV
- Page Range: 93-100
- Page Count: 8
- Language: Polish