New general principles of the Code of Administrative Procedure Cover Image

Nowe zasady ogólne kodeksu postępowania administracyjnego
New general principles of the Code of Administrative Procedure

Author(s): Eugeniusz Bojanowski
Subject(s): Law, Constitution, Jurisprudence
Published by: Wydawnictwo Uniwersytetu Gdańskiego
Keywords: administrative law; administrative proceedings; Code of Administrative Procedure; axiological prerequisites of law; principles of law; general principles of administrative procedure

Summary/Abstract: The Code of Administrative Procedure shall, in principle, specify the procedure of the application of administrative law. General principles play a major role in this regulation. Since the entry into force of the Code of Administrative Procedure a lot has changed in Poland. In particular, the state system has been transformed and human and civil rights have gained the status of fundamental rights. These have determined numerous amendments to the Code of Administrative Procedure, including changes concerning general principles. Apart from principles „maintained in force”, the principle of the rule of law have acquired another axiological significance. There are also new principles that have been introduced: the principle of cooperation of public administration bodies in administrative proceedings, the principle of impartiality, equal treatment, proportionality and consequences, the principle of a parties-friendly interpretation of legal doubts and the principle of assessment by the parties of the employees conducting the proceedings. It is due to the changes in the area of general principles that the Code of Administrative Procedure, while maintaining the continuity of the basic principles, has retained its ability to shape the administrative proceedings for 60 years, which is nowadays a rare example of the legal stability.

  • Issue Year: 2/2020
  • Issue No: 46
  • Page Range: 39-52
  • Page Count: 13
  • Language: Polish