Standardy Rady Europy w zakresie tymczasowej ochrony prawnej udzielanej w sprawach administracyjnych
Council of Europe standards for provisional protection granted in administrative cases

Summary/Abstract: The subject of the article is the analysis of standards of the Council of Europe in the field of provisional protection in administrative cases from the perspective of the Polish legal system. The considerations indicate adopted models of legal solutions for member states of the Council of Europe. They are a result of the recommendation of the Committee of Ministers, handbooks developed under the auspices of the Project Group on Administrative Law (CJ-DA), as well as case law of the European Court of Human Rights. These publications represent certain “minimum common standards” of provisional protection for member states. In this context, the Polish legislation – although undoubtedly meeting these standards – creates a number of legal institutions that are, in a way, “competitive” to the aforementioned legal solutions. This, in turn, may consequently lead to a delay in settling administrative court cases.

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