Zdolność sądowa i legitymacja skargowa w postępowaniu sądowoadministracyjnym
Judical capacity and the right to file a complaint in proceedings before administrative courts

Author(s): Anna Górska
Subject(s): Law, Constitution, Jurisprudence, Administrative Law
Published by: Wydawnictwo Uniwersytetu Łódzkiego
Keywords: Judical capacity; the right to file a complaint; procedural status of local government units and their bodies; abuse of the right to file a complaint
Summary/Abstract: This monograph is devoted to two interrelated constructions describing the subjective structure of administrative court proceedings, the application of which in practice encounters problems related to the shortcomings of the current legal status and divergent interpretation of legal provisions determining the shape of these constructions. Taking into account the position and function of legal provisions regulating the discussed issues, determining the model of access to the administrative court, the discrepancies revealed in the scientific discussion and jurisprudence require analysis within one research work, the purpose of which is to present contentious issues and propose solutions to the most controversial of them. The selection of legal systems as part of the description of the international standard of access to the administrative court was aimed at showing the diverse formulas for protecting categories of interest under the model of standing to bring a complaint, ranging from relatively narrower ones to the broadest, appropriate for the Portuguese legal system. The monograph contains analysis of the constitutional standard of access to the administrative court in the basic and extended dimensions, which made it possible to assess whether the well-established model of access to this court based on the narrowly understood interest in lodging a complaint requires redefinition. The scope of procedural claims of local government units and the instruments of seeking judicial protection at the disposal of local government units and their bodies were analyze while examining the consequences of the constitutional principle of judicial protection of the independence of local government units. The monograph presents situations of abusing the right to file a complaint to the administrative court and proposes actions sanctioning this phenomenon.

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