Administrative Fines and the Administration of Justice

This study analyzes the issue of imposing administrative fines by public administration bodies in the Polish legal system. Using a dogmatic-legal method, the author verifies the thesis that the imposition of repressive administrative fines by executive authorities fulfills the material conditions of administration of justice and thus violates the constitutional boundary between the executive and judicial powers. Against the backdrop, he presents, among others, the police function of the Polish Financial Supervision Authority. The study, based on current and historical literature on the subject, judgments, and normative content, seeks the limits of punishment, drawing on the coexistence of judicial and administrative application of the law. The conclusions point to the need for a systemic correction of procedural and guarantee solutions in order to prevent the de facto transfer of judicial powers to non-judicial bodies.

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Publication Details

Journal
Financial Law Review
Published
2025-12-22
DOI
https://doi.org/10.4467/22996834flr.25.017.23058
Primary Topic
Polish Law and Legal System
Type
article
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article

Administrative Fines and the Administration of Justice

Maciej Mikliński
Financial Law Review
Polish Law and Legal System
article

Administrative Fines and the Administration of Justice

Maciej Mikliński
article en

Abstract

This study analyzes the issue of imposing administrative fines by public administration bodies in the Polish legal system. Using a dogmatic-legal method, the author verifies the thesis that the imposition of repressive administrative fines by executive authorities fulfills the material conditions of administration of justice and thus violates the constitutional boundary between the executive and judicial powers. Against the backdrop, he presents, among others, the police function of the Polish Financial Supervision Authority. The study, based on current and historical literature on the subject, judgments, and normative content, seeks the limits of punishment, drawing on the coexistence of judicial and administrative application of the law. The conclusions point to the need for a systemic correction of procedural and guarantee solutions in order to prevent the de facto transfer of judicial powers to non-judicial bodies.

Financial Law ReviewVol. 39(3)
University of Gdańsk (PL)
Peace, Justice and strong institutions
Openalex Percentile: Top 22%
Polish Law and Legal System
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