Encyklopedia Administracji Publicznej MW Pivot Skin

PRINCIPLE OF COURT CONTROL OF FINAL DECISIONS – a general principle of the c.a.p.: decisions issued by public administration bodies may be appealed to the administrative court because of their illegality, under the terms and in the mode specified in separate statutes (→ administrative courts). The law on proceedings before administrative courts even provides for a wider scope of cognitions of administrative courts. This principle is an extension of the constitutional principle of a democratic state of law (the constitution provides that everyone has the right to take to the court proceedings to investigate violations of law and freedom). The Constitution of the Republic of Poland also includes the right of administrative courts to control the operation of public administration. When a dispute arises as to the legality of actions of public administration, then it becomes the subject of appeal and administrative court proceedings. This procedure can be based only on the criterion of legality. In the administrative courts, in the first instance, → voivodship administrative courts adjudicate, in the second, the → Supreme Administrative Court [ E. Zielińska ].

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