ZASADA PRZESTRZEGANIA Z URZĘDU WŁAŚCIWOŚCI PRZEZ ORGANY ADMINISTRACJI PUBLICZNEJ

Abstract

The norm resulting from the Article 19 of Administrative Code formulates the principle ofroutinely abiding to the jurisdiction by the organs of public administration, from which the doctrineand judicial decisions derive individual directives. According to the principle an organ cannotundertake any action in the proceedings if it turns out not to be a relevant authority. This principle also determines the action to which the organ is obliged in such a case, namely establishing therelevant authority and promptly sending the application in question. Similarly, the principle obligesthe public administration body to initiate jurisdiction dispute to protect its scope of responsibilitiesagainst other organs and to avoid introducing into other organs’ scope of responsibilities for matterswhich are not theirs by virtue of law.Failure to comply with the principle of routinely abiding jurisdiction by the organ of publicadministration constitutes a disqualifying defect of the proceedings, which results in the decisiondeclared invalid in accordance with article 156 paragraph 1 item 1 of the Administrative Code. Itremains irrelevant, what kind of jurisdiction (material, local, or appeal) was breached when thedecision was taken or the fact that the settlement is correct with regard to its content.