Skarga na odmowę powołania do pełnienia funkcji – przyczynek do dyskusji o granicach sądowej kontroli administracji publicznej
Complaint on the Refusal of the Appointment to Office – Contribution to the Discussion about the Limits of Judicial Control of Public Administration

Summary/Abstract: According to art. 5 p. 3 of the Act of 30 August 2002 on Proceedings before AdministrativeCourts, administrative courts are not competent in cases concerning the refusal to appoint a person to an office or a position in public administration bodies unless the obligation of such appointment is regulated by law. The current legal regulation does not clarify whether the complaint on the lack of action of the competent public administration authority in the above cases is also admissible. The article provides an analysis of the provisions of the Act in the context of the admissibility of bringing such complaint. The conclusions lead to the affirmative answer, both when the lack of any kind of action is considered as a form of refusal and in the case of recourse to the general rules of appeal against broadly understood activities of public administration. The model of complementary protection of legal entities resulting from art. 3 p. 2 of the Act should concern all forms of activities of the administration subject to courts’ jurisdiction. Only such approach provides a guarantee of real protection of the addressees of administrative activities before courts.

• Details
• Contents