Odpowiedzialność odszkodowawcza Skarbu Państwa za niezgodne z prawem zaniechania w procedurze wyboru dyrektora szkoły
The State Treasure’s Liability for Damages Regarding Unlawful Acts of Omission in the Process of Appointment of a School Principal

Author(s): Maciej Przysucha
Subject(s): Law, Constitution, Jurisprudence
Published by: Wydawnictwo Uniwersytetu Śląskiego
Summary/Abstract: The following article begins with an overview of the international legal regulations and their influence on the domestic law. For that reason, the author discusses the regulations regarding the right to due process as well as the right to a fair and legal trial and the right to proper compensation for the sustained injury stemming from the lawlessness of legislation with regard to the failure in fulfilling the duties of any given authority. The analysis is conducted on the basis of the constitutional regulations, the Civil Code and the regulations of the Teacher’s Charter regarding the appointment of a school principal. The analysis focuses on the issue of the procedure of the appointment of a school principal, conducted in accordance with the Teacher’s Charter, as well as the potential claims of the injured party on account of acts of omission on the part of the authorities responsible for partial evaluation in the appointment process. Moreover, the article aims to demonstrate excessive formalism regarding the act of seeking redress for unlawful activity or acts of omission on the part of the appointed authorities. The author intended to show that the entire spectrum of rights deriving from conventional and constitutional norms, which guarantee the right to a due process, understood as the right to obtaining a binding ruling with regard to the subject’s rights, is, in practice, extremely difficult to enforce, which can be substantiated by the analyzed example of the procedure of appointing a school principal according to the regulations of the Teacher’s Charter.

• Details
• Contents