AMENDMENT TO THE PRINCIPLE OF DEEPENING TRUST (ART. 8 K.P.A.) – COMMENTS AGAINST THE BACKGROUND OF COURT DECISIONS

Art. 8 of the Code of Administrative Procedure, which introduces a general principle of administrative proceedings - the principle of deepening trust, was amended in 2017. The legislator decided to introduce several new elements to this regulation. The analysis of the literature leads to the conclusion that the amendment reflects the previously formulated postulates of the doctrine of administrative procedure. Over the course of several years of functioning of these legal solutions, court decisions have expressed many views. The authors analyze and discuss both the changes introduced and the above-mentioned views of the judicature from the perspective of the protective function of Art. 8 k.p.a. The research conducted leads to the conclusion that some requirements addressed by administrative courts significantly limit the implementation of this provision, including the protective function derived from it. The authors propose that requirements that distance practice from these undesirable effects should be rejected.