Administrative Justice in Poland

Jarosław Turłukowski

doi:10.21684/2412-2343-2016-3-2-124-152

Abstract

This article begins with an analysis of the development of administrative justice in Poland over the last centuries. In particular, the author examines administrative jurisdiction before 1918, when Poland regained its independence, the period of the Duchy of Warsaw, the Kingdom of Poland, and the practice on Polish territory under Austrian and Prussian control. The author then moves to modern law by presenting the judicial system in Poland in general, especially the differences between the separate systems of general courts and administrative courts, and analyses the jurisdiction of voivodship (regional) administrative courts, and the basic principles of judicial and administrative proceedings. The focus of study is mainly devoted to judicial and administrative procedure, rather than an administrative process of citizens before administrative authorities regulated in a separate Code of Administrative Procedure. The article describes the role of the judge (pointing out the differences between the active role of first instance judges and the limited capabilities of the judges of the appeal) and the powers of the Supreme Court, in particular its power to adopt resolutions, which has agreat importance for the unification of the jurisprudence. A brief analysis is given to class actions, which in the Polish legal system are inadmissible in court and administrative proceedings. The articles provides a statistical cross-section illustrating the role of administrative jurisdiction. The author concludes with observations pointing up the progress of administrative jurisdiction in Poland, not only in the legal sense, but also in the cultural sense.

Highlights

The issue of the court and administrative proceedings is arguable in the Polish science of law
Article 73 of this Constitution22 provided that a separate bill should create administrative courts whose organization would be based on the cooperation of citizens and judges, culminating in a Supreme Administrative Court, and which should adjudicate on the legality of administrative acts in the sphere of state and local government
All three acts reforming administrative jurisdiction in Poland entered into force on 1 January 2004.28 From that moment the era of twoinstance administrative proceedings began in Poland

Summary

Outline of the History of Administrative Justice in Poland

The story of the early history of administrative justice in Poland leaves one uncertain in the sense of where to begin, for we can start from the introduction on the Polish lands of more modern forms of administrative justice that continue to affect even today’s legislation or we can try to trace the forms of judicial and administrative control even during the times of the royalty and gentry in Poland. Article 73 of this Constitution provided that a separate bill should create administrative courts whose organization would be based on the cooperation of (lay persons) citizens and (professionals) judges, culminating in a Supreme Administrative Court, and which should adjudicate on the legality of administrative acts in the sphere of state and local government. This constitutional statement was implemented by the Act of 3 August 1922 on the High Administrative Tribunal.. All three acts reforming administrative jurisdiction in Poland entered into force on 1 January 2004.28 From that moment the era of twoinstance administrative proceedings began in Poland

System of Administrative Courts and Judges in Poland

Scope of Administrative Jurisdiction

Powers of the Supreme Administrative Court

Fundamental Principles

Class Actions

Statistics

Role of the Judge – a Note

Findings

10. Cultural Observations