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| − | ''' | + | '''PRINCIPLE OF SUSTAINABILITY OF FINAL DECISIONS''' – a general principle of the c.a.p.: decisions that are not subject to an appeal in the administrative course of the instances are final decisions. The possibility of their repeal, their amendment, annulment or resumption of proceedings may take place, if it is provided for in the c.a.p. or in statutes. Violation of the p.s.f.d. as a gross violation of law is one of the premises for annulment. P.s. determines the presumption of legality and binding force of the final decision. A big problem in the functioning of p.s. is a lack of regulation on the basis of which the competent body would declare the finality of the decision. Hence the demands that the body issuing the decisions state at the same time that the decision is final. However, the regulations do not provide for such possibility. This is a big theoretical problem in legal science, and it is postulated that the principle of binding force of a legal act should be limited only to the principle of sustainability of administrative decisions [ [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 20:28, 27 maj 2018
PRINCIPLE OF SUSTAINABILITY OF FINAL DECISIONS – a general principle of the c.a.p.: decisions that are not subject to an appeal in the administrative course of the instances are final decisions. The possibility of their repeal, their amendment, annulment or resumption of proceedings may take place, if it is provided for in the c.a.p. or in statutes. Violation of the p.s.f.d. as a gross violation of law is one of the premises for annulment. P.s. determines the presumption of legality and binding force of the final decision. A big problem in the functioning of p.s. is a lack of regulation on the basis of which the competent body would declare the finality of the decision. Hence the demands that the body issuing the decisions state at the same time that the decision is final. However, the regulations do not provide for such possibility. This is a big theoretical problem in legal science, and it is postulated that the principle of binding force of a legal act should be limited only to the principle of sustainability of administrative decisions [ E. Zielińska ].
Literatura: Postępowanie administracyjne, red. T. Woś, Warszawa 2017.