Jurisdiction of administrative courts in legal control of President’s prerogative to nominate judges Cover Image

Kognicja sądów administracyjnych wobec kontroli legalności prerogatywy Prezydenta RP do powoływania sędziów
Jurisdiction of administrative courts in legal control of President’s prerogative to nominate judges

Author(s): ARIEL AXEL SŁAWIŃSKI
Subject(s): Law, Constitution, Jurisprudence, Politics and law
Published by: Kancelaria Sejmu
Keywords: president;prerogative; jurisdiction; discretionary power;legal ability;

Summary/Abstract: The article assesses the impact of the legal acts of the President of the Republic of Poland on individual legal standing. Anyone may in virtue of the President’s actions, satisfy their legal interest and acquire rights. Potential admissibility of administrative court’s review of the President’s executive competences is also discussed. A majority of the scholarly opinions and of jurisdiction is that neither common nor administrative courts have the competence to assess is actions of the highest state authority in this matter. No jurisdiction in this scope prevents administering justice and thus is an obstacle in exercising fundamental rights by an individual. The article presents arguments for and against recognition of the administrative court’s competence and potential effects of legal review.

  • Issue Year: 2020
  • Issue No: 3
  • Page Range: 163-182
  • Page Count: 20
  • Language: English, Polish
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