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| − | ''' | + | '''PRINCIPLE OF OBLIGATION TO INFORM''' – a general principle of the c.a.p.: an obligation of public administration bodies to inform parties about actual and legal circumstances in a proper and exhaustive manner. Any information may influence the definition of the rights and obligations of parties subject to administrative proceedings, and the parties and other entities involved in the proceedings should not suffer damages caused by the lack of knowledge of the law. It is the responsibility of the administration bodies to provide the necessary information and guidance to the party/parties. This principle has been included and specified, among others, in the regulations: on the obligation to indicate in the request the legal consequences of non-compliance with the summons; informing about the consequences of not removing the defects of the submitted application in the case of a request to remove these defects (which results in leaving the application without recognition); informing the parties about the legal consequences of the suspension of proceedings at the party’s request; informing about the admissibility and the manner of bringing a legal remedy in relation to the administrative decision and the decision which may be appealed to the administrative court. The obligation to provide information is wider in relation to the parties to the proceedings, because not only is it the transmission of information about the provisions of procedural law, but also substantive law [ [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 15:20, 27 maj 2018
PRINCIPLE OF OBLIGATION TO INFORM – a general principle of the c.a.p.: an obligation of public administration bodies to inform parties about actual and legal circumstances in a proper and exhaustive manner. Any information may influence the definition of the rights and obligations of parties subject to administrative proceedings, and the parties and other entities involved in the proceedings should not suffer damages caused by the lack of knowledge of the law. It is the responsibility of the administration bodies to provide the necessary information and guidance to the party/parties. This principle has been included and specified, among others, in the regulations: on the obligation to indicate in the request the legal consequences of non-compliance with the summons; informing about the consequences of not removing the defects of the submitted application in the case of a request to remove these defects (which results in leaving the application without recognition); informing the parties about the legal consequences of the suspension of proceedings at the party’s request; informing about the admissibility and the manner of bringing a legal remedy in relation to the administrative decision and the decision which may be appealed to the administrative court. The obligation to provide information is wider in relation to the parties to the proceedings, because not only is it the transmission of information about the provisions of procedural law, but also substantive law [ E. Zielińska ].
Literatura: Postępowanie administracyjne, red. T. Woś, Warszawa 2017.