IMPORTANCE OF THE PRINCIPLE OF DECENT LEGISLATION FOR POLISH ADMINISTRATIVE LAW

Abstract

The paper analyses the principle of decent legislation and its significance for Polish administrative law. The principle in question derives from the concept of a democratic state under the rule of law. The significant role of administrative law in shaping the status of individuals (citizens) in the state as well as the influence of this branch of law on particular areas of social life are indicated. Due to the special characteristics of this branch of law, the principle of correct legislation should be absolutely taken into account in the legislative process that involves drafting of administrative legal acts. The case law of the Polish Constitutional Tribunal has distinguished certain elements or aspects of the principle of good legislation, including the following: non-retroactivity, protection of acquired rights, pacta sunt servanda, respect for pending interests or appropriate vacatio legis. The vast majority of them should be taken into account when working on administrative regulations. The paper also refers to the current crisis of administrative law discussed in the domestic literature from a practical point of view, by presenting two errors made by the legislator when amending administrative procedural laws. The conclusion of the study includes i.a. a proposal for a fuller involvement of experts, legal scholars and commentators, professional attorneys or administrative court judges in the process of drafting administrative laws.