Locus standi in Administrative Procedure
Locus standi in Administrative Procedure

Author(s): Joanna Wegner
Subject(s): Law, Constitution, Jurisprudence, EU-Legislation, Administrative Law
Published by: Wydawnictwo Uniwersytetu Łódzkiego
Keywords: locus standi; administrative procedure; EU law
Summary/Abstract: The chapter deals with a theme of the evolution of the standing in the administrative procedure of the first generation type. The author explains the roots of the concept of legal interest as the basis of the institution of the party to the administrative procedure. What is also highlighted, is that there is a variety of legal grounds for access to the proceedings, far different from, exclusive for the party, substantive provision of law. Some of them could be seen in the pattern for first codifications, namely the Austrian Act of 1925. What is interesting, is that binding regulation is far more restricting in terms of the participation in administrative proceedings than the pre-war provisions. It does not include nor the regulation about the person concerned or about the participatory-type procedures. Over time, this state of regulation has become difficult to accept, because it has turned out that the substantive legal interest is not always an adequate criterion for the participation of an individual in administrative proceedings. The transformations of the modern world, reflected in the regulations of substantive law, especially EU law, force a constant expansion of the catalogue of participants in administrative proceedings. It can be observed that, in a sense, the legislator returns to the idea that guided the first codifications of the law on administrative proceedings, although it is realised outside the Code. These remarks lead to conclusions about the common origin of the first generation procedure and contemporary participatory-type proceeding

• Details
• Contents