Encyklopedia Administracji Publicznej MW Pivot Skin

PRINCIPLE OF CONVINCING – a general principle of the c.a.p.: public administration bodies must explain to the parties the validity of the premises that guide the settling of the matter. In this way, decisions can be executed by all parties without the need to resort to coercive measures, which is of particular importance in the case of a negative decision. An important role in the implementation of p.c. plays the justification of an administrative decision in legal and factual terms. The party should feel that in the light of the applicable provisions the decision is the most advantageous for them. P.c. imposes a duty of diligence on the public administration body in justifying its decisions. This is particularly important if an administrative decision is made in the area of administrative recognition. P.c. does not create new procedural institutions, but it has the task of penetrating the entire administration activities, throughout the proceedings, so that the party at every stage of the proceedings would be convinced of its reliability and diligence [ E. Zielińska ].

Literature: Postępowanie administracyjne [Administrative proceedings], ed. T. Woś, Warszawa 2017.