Administrative decision

From Encyklopedia Administracji Publicznej

ADMINISTRATIVE DECISION – one of the basic forms of action of public administration bodies in Poland. In material terms, it consists in the substantive, authoritative settling of the individual affairs of citizens (in terms of their rights or legal obligations) on the basis of the rules of administrative (material) law. In procedural terms administrative decision closes administrative proceedings conducted by a public administration body on the basis of norms of formal administrative law. In the sphere of public decision-making a.d. can be interpreted as the result of the decision-making process in the area of individual cases in a highly formalized manner, defined primarily by the Code of Administrative Proceedings. The decision-maker is a public administration body which has been appointed to carry out the tasks of the public administration, and the addressee of the decision may be either a Polish citizen or a foreigner, additionally, a.d. can be addressed to other entities – decisive on the application of this form of administrative action is that the addressee of the a.d. is not in business or organisational relations with the decision-maker. Negligence of the procedure may result in challenging of the a.d., which in turn leads to a waiver of its implementation. This can be done by the administration itself, admitting to having made mistakes in the process of making a.d., or it may be a result of an “external controller”, i.e. an administrative court, whose control action will be triggered by a request from a dissatisfied addressee of the a.d. Decisions are made with the use of state power without the need to involve a common court [ A. Mirska ].

Literature: A. Mirska, Decydowanie w trybie postępowania administracyjnego [Decision-making in the course of administrative proceedings], [in:] Decydowanie publiczne [Public decision-making], ed. G. Rydlewski, Warszawa 2011 ■ E. Ochendowski, Prawo administracyjne, część ogólna [Administrative law, general part], Toruń 2013.