The ‘Intensity’ of Judicial Review – Remarks on Financial Sanctions Imposed on Public Authorities by Administrative Courts in Poland
The ‘Intensity’ of Judicial Review – Remarks on Financial Sanctions Imposed on Public Authorities by Administrative Courts in Poland

Summary/Abstract: The main aim of the present article is to point out the most crucial issues related to the ‘intensity’ of judicial review regarding financial sanctions imposed on public authorities by administrative courts in the Republic of Poland. Financial sanctions are imposed in order to eliminate the incorrect practice of administrative appellate authorities consisting in quashing contested decisions issued by first instance body and, in consequence, avoiding taking a substantive position in the case. In the doctrine, the solution adopted by the legislator caused a lot of controversy and a heated debate. It was noticed that the new remedy not only would not accelerate but, on the contrary, would result in a further extension of the pending proceedings and, consequently, could also constitute a means of delaying the proceedings.

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