Problemy wykładni prawa administracyjnego – art. 29 Ustawy o stopniach naukowych
Problems with interpreting administrative law: Article 29 of the Academic Degrees Act

Summary/Abstract: The subject matter of this article concerns complex issues connected with construing Article 29 of the Act of 14 March 2003 on Academic Degrees and Academic Title and Degrees and Title in the Arts, Dz.U. [Journal of Laws] of 2014 item 1852 as amended. The article discusses current judicial decisions, in particular in terms of the statutory rule of the “mutatis mutandis application” of the Administrative Procedure Code, and examines problems regarding procedural guarantees enjoyed by parties accused of obtaining an academic degrees or titles as a result of actions in contravention of the law. Furthermore, the question of the scope of the Administrative Procedure Code’s application to proceedings before the Central Commission for Academic Degrees and Titles, and in proceedings before administrative courts, is subjected to detailed analysis with reference to the opinions espoused by the legal doctrine. The authors of the article treat the issue of current judicial decisions regarding the grounds for applying the provisions of the Administrative Procedure Code on limitation periods for setting aside administrative decisions provided for in Article 146 of the Code.

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