Główne modele orzecznictwa sądów administracyjnych
Main administrativtie judicial models
Author(s): Karol FlisekSubject(s): Law, Constitution, Jurisprudence, Public Administration, Public Law
Published by: Oficyna Wydawnicza KA AFM
Keywords: substantive competence of the administrative courts; cassatory competence of the administrative courts; administrative loop; injunction; the future of the administrative justice;
Summary/Abstract: The author analyzes and evaluates two major judicial models, which are adopted in systems of administrative justice: the reformatory model and cassatory model. The focus was on trying to explain what both discussed systems are and capture their essence in order to indicate their strengths and weaknesses. Then analyzed are two legal structures, which in recent times are gaining in popularity, both in Poland and in Europe: ‘administrative loop’ and an injunction. They are treated as a solution to judiciary problems, which is situated on the boundary of the reformatory and cassatory systems. At the end, the author wonders which direction will follow the system of administrative justice when it comes to the impact of the judiciary to settle the case.
Journal: Studia Prawnicze: rozprawy i materiały
- Issue Year: 23/2018
- Issue No: 2
- Page Range: 125-134
- Page Count: 10
- Language: Polish