MEANS OF EVIDENCE OF AN UNNAMED NATURE IN THE LIGHT OF THE JURISPRUDENCE OF ADMINISTRATIVE COURTS
An administrative proceeding is a sequence of actions taken by a public administration body to establish the facts of a case and to subsequently issue an administrative decision based on all available and verified facts and evidence. For the authority to issue a decision in a case, it is necessary to conduct a thorough investigation based on the evidence, which is listed in Article 75 of the Act of June 14, 1960, Code of Administrative Procedure, that is, in particular, documents, witness testimony, expert opinions and inspection. However, this is not a closed catalog, as the authority is also authorized to conduct other evidence, called unnamed. The catalog of this evidence is very broad, and this group can include virtually anything that can contribute to the clarification of the case and is not contrary to the law. The purpose of this article is to show the peculiarities of unnamed evidence and how it can be used in an administrative investigation taking into account examples from the case law of administrative courts.
Authors
- Ewa Kubas (ORCID: https://orcid.org/0000-0003-1952-3875)
Institutions
- University of Rzeszów (PL)
Publication Details
- Journal
- Roczniki Administracji i Prawa
- Published
- 2024-12-31
- DOI
- https://doi.org/10.5604/01.3001.0054.9857
- Primary Topic
- European and International Law Studies
- Type
- article
- Field-Weighted Citation Impact
- 0.00