Obowiązek przeprowadzenia przez organ administracji publicznej konfrontacji biegłych w przypadku istotnych rozbieżności pomiędzy ich opiniami
Obligation of the public authority to confront experts in the case of significant differences between their opinions

Summary/Abstract: In the commented judgment of 17 October 2019, II OSK 1217/19, the Supreme Administrative Court referred to the confrontation between experts who, in the same case, delivered opinions with diametrically different conclusions. According to the Court, in the case of obtaining such opinions, the authority is obliged to confront the experts and provide the party with the opportunity to ask them questions during the confrontation. The confrontation should be held at the administrative hearing. The author, sharing the opinion expressed by the Supreme Administrative Court, presents arguments confirming its accuracy. He also emphasizes the importance of the commented judgment because of the lack of regulation in the Code of Administrative Procedure regarding the confrontation of experts.

• Details
• Contents