Administrative proceedings

From Encyklopedia Administracji Publicznej

ADMINISTRATIVE PROCEEDINGS – a series of procedural activities carried out by → public administration bodies and other entities that are parties to the proceedings aimed at resolving a specific case. Proceedings before administrative bodies can be divided into: 1. deciding p. (adjudicative) – as a mode, a sequence of handling individual administrative matters; 2. auxiliary p., which aims to enable and secure the proper course of the deciding p.; 3. executive p. (enforcement), whose purpose is to use the state coercive measures causing the performance of certain duties. General (jurisdictional) a.p. is divided into: main p. – aimed at reaching a substantive decision, and extraordinary p. – aimed at verifying the decision issued in the main proceedings. One can additionally distinguish special p., with tax p. as an example, and simplified p., applied for simple matters in terms of fact and law, characterised by a faster pace of procedure and limited formalism (a legal basis is required to allow to settle the matter in this mode). The subjective scope of admissibility of the general a.p. was designated by the definition of the public administration body (in this mode, matters falling within the competence of public administration bodies are dealt with) and by appointing a group of entities and participants in the proceedings. The subject-matter scope of a.p. concerns the settlement of individual cases falling within the competence of public administration bodies by way of administrative decisions [ B. Springer ].

Literature: B. Adamiak, J. Borkowski, Polskie postępowanie administracyjne i sądowoadministracyjne [Polish administrative and court-administrative proceedings], Warszawa 2003 ■ P. Gołaszewski, Postępowanie administracyjne i sądowoadministracyjne [Administrative and court-administrative proceedings], Warszawa 2009.