The Idea and Essence of Court-Administrative Control (Selected Issues)

The article discusses selected issues regarding court-administrative control. The Polish perspective has been chosen as a reference point for the deliberations. The main problem is the concept of court-administrative control. It seems that this category determines the functioning of the administrative justice system. The essence of court-administrative control was presented based on Polish regulations: the Constitution of the Republic of Poland, the Law on the System of Administrative Courts and the Law on Proceedings before Administrative Courts. The essay also presents the idea of court-administrative control – also from a comparative perspective, with reference to the German and French models. The principle of separation of powers has become a critical point of reference. It turned out that it does not contradict the presented understanding of the concept of court-administrative control. The approach to control was compared with possible models of adjudication: cassatory and reformatory adjudication. Thinking about a certain idea of administrative justice, this is probably the most basic determinant of the role and functions of this branch of the justice system. The right to a court – its understanding and possible scope – is also important for the conducted considerations.

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Publication Details

Journal
Przegląd Prawa Administracyjnego
Published
2024-08-30
DOI
https://doi.org/10.17951/ppa.2024.7.129-142
Primary Topic
European and International Law Studies
Type
article
Field-Weighted Citation Impact
0.00
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article

The Idea and Essence of Court-Administrative Control (Selected Issues)

Mariusz Krawczyk
Przegląd Prawa Administracyjnego
European and International Law Studies
article

The Idea and Essence of Court-Administrative Control (Selected Issues)

Mariusz Krawczyk
article en

Abstract

The article discusses selected issues regarding court-administrative control. The Polish perspective has been chosen as a reference point for the deliberations. The main problem is the concept of court-administrative control. It seems that this category determines the functioning of the administrative justice system. The essence of court-administrative control was presented based on Polish regulations: the Constitution of the Republic of Poland, the Law on the System of Administrative Courts and the Law on Proceedings before Administrative Courts. The essay also presents the idea of court-administrative control – also from a comparative perspective, with reference to the German and French models. The principle of separation of powers has become a critical point of reference. It turned out that it does not contradict the presented understanding of the concept of court-administrative control. The approach to control was compared with possible models of adjudication: cassatory and reformatory adjudication. Thinking about a certain idea of administrative justice, this is probably the most basic determinant of the role and functions of this branch of the justice system. The right to a court – its understanding and possible scope – is also important for the conducted considerations.

Przegląd Prawa AdministracyjnegoVol. 7
Instytut Nauk Prawnych (PL)
Openalex Percentile: Top 77%
European and International Law Studies
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