Administracyjne kary pieniężne w świetle orzecznictwa ETPCz
Administrative fines in view of judgments of the ECHR

Summary/Abstract: This article presents the approach to administrative fines in judgments of the European Court of Human Rights (ECHR), in particular regarding compliance of regulations adopted by the state parties with article 6 of the Convention for the Protection of Human Rights and Fundamental Freedoms. The author cites the circumstances in which the Court hammered out the so-called Engel criteria, in whose light the administrative fines are examined. The above-mentioned criteria include classification of the offense under domestic law, the nature of the sanctioned offense, and the severity of the possible penalty. The commonly adopted approach of the Court involves an analysis of administrative penalties in view of this text to determine whether they have the character of penal sanctions. Such classification of the penalties ensures that they meet certain requirements in order to comply with article 6 of the Convention. In principle, the imposition of administrative penalties by administrative bodies is in compliance with the Convention, but they have to be reviewed by a court competent to examine the factual and legal circumstances of a given case, and, most of all, to alter an issued decision.

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