Sądowa kontrola decyzji o zakazie zgromadzenia w świetle art. 184 Konstytucji RP
Judicial control of the decision to prohibit assembly in the light of article 184 of the Constitution of the Republic of Poland

Summary/Abstract: The article analyzes the appeal procedure against decisions to ban assemblies, in the context of the patterns set out by the Polish Constitution. We are talking here first of all about the principle of the separation of powers and balance of authorities and the principle of exercising administrative control over the activities of public administration. The reason for conducting the above analysis was the peculiar nature of appeal proceedings regulated in the Act – on the assemblies, which significantly differs from the standards adopted in the codes. This is particularly important concerning the provisions governing the examination of appeals against decisions to ban assemblies. The adopted model assumes recognition of appeals of administrative decisions by common courts, with complete omission of control exercised by administrative courts. The purpose of the article is to provide an unequivocal answer to the question indicated above about the compliance of existing provisions with the Basic Law. Because of the provisions of Art. 184 of the Polish Constitution are related to art. 10 of the Constitution of the Republic of Poland by the principle of the separation of powers, the analysis has been supplemented with issues related to the procedural and legal relationship that arises at the time when the appeal against the decision is heard by a common court. Besides, the role played in the above-mentioned situation is played by a common court ruling, in the context of the role of an administrative court ruling. On this basis, it was determined whether the solutions adopted were compatible with the principle of separation of authorities and whether they did not infringe Article 184 of the Polish Constitution.

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