Relations Between the Procedures for Issuing Individual and General Administrative Acts and Making “Administrative Regulations”
Relations Between the Procedures for Issuing Individual and General Administrative Acts and Making “Administrative Regulations”

Author(s): Marek Szewczyk, Ewa Szewczyk
Subject(s): Law, Constitution, Jurisprudence, Administrative Law
Published by: Wydawnictwo Uniwersytetu Łódzkiego
Keywords: general administrative acts; individual administrative acts; administrative regulations
Summary/Abstract: The directions of the development of administrative proceedings analysed on the example of the norms of several European countries and the USA (due to the apparent inspiration for some European countries) lead to the conclusion that there is a genetic link between jurisdictional proceedings, ending with the issuance of a decision in an individual case of public administration, and administrative proceedings, ending with the issuance of a general administrative act. It is expressed in the fact that an administrative proceeding conducted in the case of an individually defined entity belongs to the same category as an administrative proceeding in which a general administrative act is issued. Both types of these proceedings belong to the institution of law application. In addition, both institutions apply norms belonging to the same branch of law, namely administrative law. Such a relationship also exists between individual administrative acts and general administrative acts addressed directly to a group of unidentifiable persons, or even to the general public, as well as general administrative acts conferring public-law status to various types of products, in the issuance of which it is not possible to comply with all the procedural requirements applicable to the issuance of individual administrative acts. By contrast, it is difficult to find a genetic link between the procedures for issuing these acts and the proceedings under which the so-called “administrative regulations” are made. These are completely different proceedings in terms of category: the first is an institution of law application, and the second – within the framework of which the mentioned “administrative regulations” are issued – is an institution of lawmaking. he authors do not comment on the effectiveness of the use of procedures for issuing individual administrative acts, general administrative acts and also the so-called administrative regulations. They assume that taking a stand on this issue would require thorough research using sociological methods, i.e. studying law in action. No conclusions can be drawn in this regard based solely on the results of research using the dogmatic method.

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