Principle of inspiring participants of proceedings with trust to public authorities

From Encyklopedia Administracji Publicznej

PRINCIPLE OF INSPIRING PARTICIPANTS OF PROCEEDINGS WITH TRUST TO PUBLIC AUTHORITIES – a general principle of the c.a.p.: public administration bodies conduct proceedings in a way that inspires their participants with trust in public authorities, while being guided by the principles of proportionality, objectivity, and equal treatment. This principle is often indicated as the one that links the general principles of → administrative proceedings. A number of other principles are derived from it, which have not been codified in Polish legislation, but their existence results from the constitutional principle of a democratic state ruled by law. Strengthening trust should be realized by fulfilling the application of predictability of public administration body’s behaviour and legal certainty. Therefore, the guarantee of the feasibility of this principle is an exemption from the case in order to ensure the impartiality of the body. An important role in the functioning of this principle is the justification of the administrative decision. It cannot be formulated in general, because its purpose is to present the relevant reasons for the decision, which will convince the addressee of the administrative act to voluntary execution. Of particular importance is the attitude of employees to the petitioner, which is why it is assumed that the official should be as helpful and kind as possible [ E. Zielińska ].

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