Zasada uwzględniania interesu społecznego i słusznego interesu obywateli/en: Różnice pomiędzy wersjami
Z Encyklopedia Administracji Publicznej
(Utworzono nową stronę "Principle of taking into account the social interest and the legitimate interest of citizens") |
(Utworzono nową stronę "'''PRINCIPLE OF TAKING INTO ACCOUNT THE SOCIAL INTEREST AND THE LEGITIMATE INTEREST OF CITIZENS''' – a general principle of the c.a.p.: the public administration body...") |
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| − | ''' | + | '''PRINCIPLE OF TAKING INTO ACCOUNT THE SOCIAL INTEREST AND THE LEGITIMATE INTEREST OF CITIZENS''' – a general principle of the c.a.p.: the public administration body is obliged to settle the matter taking into account the public interest and the legitimate interest of citizens (i.e. only the one that finds support in the legal norm established for its protection). This principle is mainly referenced when a discretionary decision is made. The concept of social interest and the legitimate interest of citizens is not defined by law – it is a general clause, the content of which is determined each time by a given body in the course of applying the administrative law. The social interest should always be taken into account on the basis of the actual state of the administrative case, because it is a variable time category and also presented in specific areas of administrative law. The social interest can be distinguished based on the area of occurrence, e.g., national or county, municipality (as the interest of the local community). Only the so-called qualified (legitimate) interest can be protected, i.e. one that is not contrary to the law or principles of social coexistence [ [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 20:35, 27 maj 2018
PRINCIPLE OF TAKING INTO ACCOUNT THE SOCIAL INTEREST AND THE LEGITIMATE INTEREST OF CITIZENS – a general principle of the c.a.p.: the public administration body is obliged to settle the matter taking into account the public interest and the legitimate interest of citizens (i.e. only the one that finds support in the legal norm established for its protection). This principle is mainly referenced when a discretionary decision is made. The concept of social interest and the legitimate interest of citizens is not defined by law – it is a general clause, the content of which is determined each time by a given body in the course of applying the administrative law. The social interest should always be taken into account on the basis of the actual state of the administrative case, because it is a variable time category and also presented in specific areas of administrative law. The social interest can be distinguished based on the area of occurrence, e.g., national or county, municipality (as the interest of the local community). Only the so-called qualified (legitimate) interest can be protected, i.e. one that is not contrary to the law or principles of social coexistence [ E. Zielińska ].
Literatura: Postępowanie administracyjne, red. T. Woś, Warszawa 2017.