Zasada rozstrzygania wątpliwości interpretacyjnych
na korzyść strony (art. 7a k.p.a.)
The Principle of Resolving Interpretative Doubts in Favor
of the Party (Art. 7a k.p.a.)
Author(s): Krzysztof KaszubowskiSubject(s): Politics / Political Sciences, Civil Law, Civil Society, Public Law
Published by: Społeczna Akademia Nauk
Keywords: party to the administrative proceedings; general principles of the proccedings; administrative jurisdiction
Summary/Abstract: The principle of resolving interpretative doubts in favor of the party serve to extend the procedural guarantees of the parties to the proceedings. It consists in the fact that in case of doubts as to the content of the legal norm that should be applied in the case, the administrative authority is obliged to settle it in favor of the party. From the literal wording of art. 7a k.p.a. it follows that this rule may apply only in cases where the object is to impose on the party an obligation or to limit or withdraw its power. Bearingin mind that in the previous jurisprudence of administrative courts, this principle was applied regardless of the subject matter of the proceedings, such approach may lead to effects different from those assumed.
Journal: Przedsiębiorczość i Zarządzanie
- Issue Year: 19/2018
- Issue No: 9.2
- Page Range: 105-116
- Page Count: 12
- Language: Polish