Zasada dwuinstancyjności/en: Różnice pomiędzy wersjami
Z Encyklopedia Administracji Publicznej
(Utworzono nową stronę "Principle of two instances") |
(Utworzono nową stronę "'''PRINCIPLE OF TWO INSTANCES''' – a general principle of the c.a.p.: administrative proceedings must be carried out in two instances, unless the special rule provides...") |
||
| Linia 1: | Linia 1: | ||
<languages/> | <languages/> | ||
| − | ''' | + | '''PRINCIPLE OF TWO INSTANCES''' – a general principle of the c.a.p.: administrative proceedings must be carried out in two instances, unless the special rule provides otherwise. The material aspect (legal capacity to resolve the same case twice) is regarded higher than the procedural aspect, therefore the application for reconsideration is no exception to p.t.i. P.t.i. was included in the Constitution of the Republic of Poland – in each proceeding, including administrative proceeding, the party has the right to appeal against decisions issued in the first instance, and exceptions to this rule are set out in the relevant act. There are two concepts of p.t.i.: the classic concept, which is based on the devolution of the competence to re-recognize and shift the resolution of the case to a higher-level body; a concept based on the non-devolution of the double recognition and resolution of the case. In the classic approach, p.t.i. assumes that each case recognized and resolved by the decision of the first-instance body, as a result of an appeal by an entity authorized to do so, must be re-examined and resolved by the second-instance body. In this way, the administrative case is recognized and settled twice. The essence of the p.t.i. is reduced to the recognition and resolution of the administrative case twice, which is the same in the objective and subjective dimension. The framework for the recognition and settlement of the case in the second instance results from the decision of the first instance body. If the second-instance authority goes beyond these limits, then it will violate the p.t.i. [ [http://encyklopediaap.uw.edu.pl/index.php/El%C5%BCbieta_Joanna_Zieli%C5%84ska/en E. Zielińska] ]. |
'''Literatura''': ''Postępowanie administracyjne'', red. T. Woś, Warszawa 2017. | '''Literatura''': ''Postępowanie administracyjne'', red. T. Woś, Warszawa 2017. | ||
Wersja z 15:13, 27 maj 2018
PRINCIPLE OF TWO INSTANCES – a general principle of the c.a.p.: administrative proceedings must be carried out in two instances, unless the special rule provides otherwise. The material aspect (legal capacity to resolve the same case twice) is regarded higher than the procedural aspect, therefore the application for reconsideration is no exception to p.t.i. P.t.i. was included in the Constitution of the Republic of Poland – in each proceeding, including administrative proceeding, the party has the right to appeal against decisions issued in the first instance, and exceptions to this rule are set out in the relevant act. There are two concepts of p.t.i.: the classic concept, which is based on the devolution of the competence to re-recognize and shift the resolution of the case to a higher-level body; a concept based on the non-devolution of the double recognition and resolution of the case. In the classic approach, p.t.i. assumes that each case recognized and resolved by the decision of the first-instance body, as a result of an appeal by an entity authorized to do so, must be re-examined and resolved by the second-instance body. In this way, the administrative case is recognized and settled twice. The essence of the p.t.i. is reduced to the recognition and resolution of the administrative case twice, which is the same in the objective and subjective dimension. The framework for the recognition and settlement of the case in the second instance results from the decision of the first instance body. If the second-instance authority goes beyond these limits, then it will violate the p.t.i. [ E. Zielińska ].
Literatura: Postępowanie administracyjne, red. T. Woś, Warszawa 2017.