THE SUPREME ADMINISTRATIVE COURT IN THE STRUCTURES OF THE JUDICIARY (JUDICATURE) – HIS POSITION AND TASKS

Abstract

The publication presents the structure of the judicial authorities It is an orderly outline, presentation, resulting from legal regulations constituting the properties of the NSA. It points out, that maintainig balance within the judiciary is crucial to obtain a fair trial. constituting the protection of subjective rights It emphasizes that the right to a proper trial has a crucial meaning in a matter of principles of a democratic rule of law and established in Art. 10 of the Constitution of the Republic of Poland, the separation of powers.The main objective of the study is to reveal the role of administrative courts in the structure of the judiciary. The article addresses these issues through showing the role of NSA (the Supreme Administrative Court), which importance is crucial in the matter of final form in the point of view of both law-abidingness as well as protection of individual rights (their right to a trial).The featured problem is of significant practical importance, especially when matters are putted onto reviewing the legal caseses by NSA, other than those specified in Art. 184 of the Constitution. Thus, I am trying to answer the following question: can the NSA, within the range of its given abilities, in such a structured division of powers, and a position defined by its system, hear cases that are out of those set out in Art. 184 of the Constitution of the Republic of Poland. whether, therefore, the tasks entrusted to him by statute and not considered as of „activities of „public” administration can be considered lawful. This issue is of vital importance, because it establishes a legal bond between the state and its citizen, and affects the possibility of authoritative interference in personal matters. The main purpose of the article is to analyze the right to a trail and the essential right to a competent court, with particular emphasis on the impact of a diverse sources of EU law on the normative standard of national legislation.