Objection – the New Control System of Appeal Against Sentence in Administrative Procedure Cover Image

Sprzeciw – nowy środek kontroli decyzji kasacyjnej w postępowaniu sądowoadministracyjnym
Objection – the New Control System of Appeal Against Sentence in Administrative Procedure

Author(s): Klaudia Anna Celińska
Subject(s): Law, Constitution, Jurisprudence, Public Administration
Published by: Wydawnictwo Naukowe Uniwersytetu Marii Curie-Sklodowskiej
Keywords: objection; Voivodeship Administrative Court; administrative procedure; control system; Polish Administrative Code; regulation;

Summary/Abstract: The subject matter of this article concerns the objection as a very new court control system of appeal against sentence in administrative procedure. The above-mentioned issue does stem from novelization of administrative proceedings which are regulated in Act of 1 June 1960. The content of this study encompasses the premises for objection on decision and focuses on changes of the Polish Administrative Code from 2017. First of all, the author describes the objection, specially its form and legal character. In the further part, the paper focuses upon on differences between the objection on decision and complaint about the court's judgment known from the old legal status. Attention was also paid to the problem of the acceptability of objection which is based only on decision regulated in Art. 138 § 2 of the Polish Administrative Code. In addition, the author raises a very important issue of jurisdiction of the Voivodeship Administrative Court in this case.

  • Issue Year: 20/2017
  • Issue No: 35
  • Page Range: 7-15
  • Page Count: 9
  • Language: Polish