Sądowa kontrola aktów kontroli Inspekcji Ochrony Środowiska wobec podmiotów zewnętrznych jako gwarancja przestrzegania prawa obiektywnego i praw podmiotowych kontrolowanych
Judicial Review of Acts of Control of Environment Protection Inspection in Relation to External Entities as a Guarantee of Objective Law Observance and Entities Controlled Rights

Summary/Abstract: The paper presents the legal nature of the institution of post-control ordinance issued by authorities of Environment Protection Inspection. The ordinance has been definedas a sui generis admistrative act, double specified, undetaken within control proceedings due to a control of provisions’ observance, inter alia stemming from the provisions of those proceeding, from the angle of underaking by controlled entities appropriate actions regarding obligations (orders and prohibitions) resulting from the virtue of the law, whilst its content should imply precise patterns of due specific behaviour of actions of controlled entities which are designed to eliminate indicated infingements in relation to sanctions set out by the lawmaker in respect of their performance. The content of post-control ordinances should not repeat and specify obligations provided for in the law since in this regard the lawmaker envisaged a mandatory launch of execution by EPI authorities – in this context,what is important, if a given obligation is ex lege (Article 12 (1.3) of the EPI law). There is noright to appeal the post-control ordinance as well as any analogical legal measure. Due to encroachment to the sphere of rights and scopes of obligations of controlled entities, post control ordinance may be reviewed by administrative courts.

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