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| − | ''' | + | '''PRINCIPLE OF ACTIVE PARTICIPATION OF THE PARTIES IN THE PROCEEDINGS''' – a general principle of the c.a.p.: public administration bodies are obliged to ensure that the parties participate actively at every stage of the proceeding. In particular, prior to issuing the decision, the party should be able to refer to the collected evidence, materials and presented requests. This principle may be restricted and public authorities may withdraw from it when the matter is dealt with urgently, but it must be justified in the presence of an important premise, for example a threat to human life or health or threat of permanent material damage. In that case, the public administration body should indicate the reason for the withdrawal from the principle of active participation of the parties by means of an annotation in the case files. This principle is a procedural right, the party is not obliged to actively participate in the proceedings, but has the option. The active participation of the parties in the proceeding is manifested in: the right of voluntary initiative, the right to take active part in the evidentiary procedure, the right to express their views on the results of the evidentiary procedure, as well as on the evidence and materials in the case, and also the right of the party to inspect the case files. If the party did not take part in the case not through their own fault, the proceedings are resumed and ended with the final decision [ [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 15:08, 27 maj 2018
PRINCIPLE OF ACTIVE PARTICIPATION OF THE PARTIES IN THE PROCEEDINGS – a general principle of the c.a.p.: public administration bodies are obliged to ensure that the parties participate actively at every stage of the proceeding. In particular, prior to issuing the decision, the party should be able to refer to the collected evidence, materials and presented requests. This principle may be restricted and public authorities may withdraw from it when the matter is dealt with urgently, but it must be justified in the presence of an important premise, for example a threat to human life or health or threat of permanent material damage. In that case, the public administration body should indicate the reason for the withdrawal from the principle of active participation of the parties by means of an annotation in the case files. This principle is a procedural right, the party is not obliged to actively participate in the proceedings, but has the option. The active participation of the parties in the proceeding is manifested in: the right of voluntary initiative, the right to take active part in the evidentiary procedure, the right to express their views on the results of the evidentiary procedure, as well as on the evidence and materials in the case, and also the right of the party to inspect the case files. If the party did not take part in the case not through their own fault, the proceedings are resumed and ended with the final decision [ E. Zielińska ].
Literatura: Postępowanie administracyjne, red. T. Woś, Warszawa 2017.