Abstract

The model of jurisdictional procedure created by the provisions of the Code of Administrative Proceedings is accused of being inadequate for the implementation of certain tasks set for the modern public administration. In particular, it is noticed that the code solutions favour the abuse of strictly perceived power when considering and settling administrative matters. The legislator’s reaction to the thus diagnosed dysfunctionality in activities of public administration authorities is an attempt to remodel the administrative procedure in order to guarantee a more partnership-based approach of the administration to the citizens. The postulate of “partnership administration” in administrative procedure may be realised first of all by strengthening the guarantee of party’s participation in proceedings. This participation should be understood as a possibility of influencing the course of the process by the party. The research undertaken in this article focuses on the issues of character, admissible scope, degree of intensity and legal consequences of this influence in the light of new normative solutions. Influence on the course of proceedings and settling the case will be different depending on the stage at which the procedural actions are taken. In the most intensive way a party may influence the content of the resolution of the case by participating in the activities of taking evidence. Only in this sense it is possible to speak of participation in the creation of a decision. The participation of a party to the administrative proceedings in the issuance of an administrative decision should not be identified with the participation in the phase when the authority takes a decision and puts it in the form of a formalised judgment.

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