Historical origins of the administrative justice of Poland, dating back to the times of Polish-Lithuanian Commonwealth (before 1795)

Abstract

The article is devoted to the historical origins of the administrative justice of Poland, dating back to the times of Polish-Lithuanian Commonwealth. As is known, the formation of administrative proceedings on Polish lands took place in the second half of the nineteenth century under the rule of Prussia and Austria-Hungary, but some judicial authorities considered cases of public law in the XVII century. At this stage of the formation of legal mechanisms for resolving public lawsuits, they did not constitute a holistic system, but represented a number of powers of various authorities and officials of Polish-Lithuanian Commonwealth.The organization and activities of the Crown Treasury Tribunal, also known as the Radom Tribunal, are analyzed. This body was formed in 1613 in connection with the crisis in the financial functions of the then state. It was considered the highest court aimed at counteracting encroachments on the state treasury. Due to insufficient efficiency in the new social conditions in 1764 the Crown Treasury Tribunal was abolished, and its powers were transferred to the commissions of treasury.As a result of the work of the General Sejm in 1764, the functions of judicial control over public administration were given to the Crown Treasury Commission, the Grand Military Commission, the Military Department of the Continuing Council, the Military Commission of Both Nations, the National Education Commission, and others. The jurisdiction of these entities extended to cases in the field of treasury, taxes, troops, education, city administration, etc. As a consequence of the reforms of 1764, the competences of the Marshal’s and Assessor courts of Polish-Lithuanian Commonwealth also changed, and they began to consider cases of an administrative-legal nature.In 1788, the Police Commission of Both Nations was established, to which the powers of the Commission of Marshals of both nations passed. This collegial authority consisted of so-called national marshals (Polish and Lithuanian) and 15 commissioners – three senators, six knights and six representatives of the cities. The Law on Free Royal Cities in Polish-Lithuanian Commonwealth of 1791 declared the jurisdiction of the Police Commission over cities for internal government and urban revenues. The formation of Polish administrative justice at that time did not take place, which hindered the disintegration of the state.