The division of Competences between Administrative Courts and Common Courts in Poland

Abstract

The constitution defines the competences of a two-instance court consisting of 16 voivodship administrative courts and the Supreme Administrative Court as the control of public administration bodies. The judiciary in this respect is, therefore, subject to checking the legality of administrative bodies. This control generally does not provide for substantive adjudication replacing administrative acts. Administrative courts do not take over the case to recognize but perform its control. Such a case is still being decided by a public administration body.