Prawo do sądu a reforma postępowania sądowoadministracyjnego

Abstract

The reform of the administrative judiciary segment was influenced by various factors. The regulatory basis of the reform was the Constitution of the Republic of Poland of 2 April 1997. However, by reforming the administrative court procedure, the legislator was not only realizing constitutional rules and obligations but also realizing the provisions of international agreements, including but not limited to the Convention for the Protection of Human Rights and Fundamental Freedoms, and also referring to the recommendation of the Committee of Ministers of the Council of Europe so that the future act ensured, above all, the protection of broadly defined human rights. Out of human rights, the protection of which the reform was supposed to foster, the necessity of guaranteeing the right to a fair trial was of great importance. In a democratic legal state, every natural person, every legal entity and every organizational entity without legal personality has the right to a fair trial in all types of cases. The solutions, which were adopted together with the reform of the administrative court procedure and the goal of which was to make the right to a fair trial a reality, follow the stipulations and assumptions expressed in the Convention and in the Constitution of Poland.