Decyzja jako podstawa przyznania i realizacji świadczeń w pomocy społecznej – wybrane problemy w świetle praktyki i orzecznictwa
Decisions as a basis for the award and provision of benefits in social assistance: Selected issues in light of legal practice and judicial decisions

Summary/Abstract: Social assistance benefits are awarded on the basis of administrative decisions. Exemptions from this rule arise from applicable laws that leave the choice of modus operandi to administrative bodies or require them to take specific measures other than administrative acts. The leading role of decisions in cases concerning social assistance benefits serves predominantly to safeguard the rights of the individual. Procedural guarantees enjoyed by the parties to the proceedings enable effective protection of rights set forth by substantive law. The use of administrative acts must, nonetheless, be adapted to the specific nature of social assistance. For this reason civil-law transactions may be used as a basis for provision of some services, administrative discretion may often be exercised, and constitutive decisions may be retroactive.

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