Administrative Justice in Poland

Administrative Justice in Poland
Author: Jarosław Turłukowski
Publisher:
Total Pages: 29
Release: 2017
Genre:
ISBN:

This article begins with an analysis of the development of administrative justice in Poland over the last centuries. In particular, the author examines administrative jurisdiction before 1918, when Poland regained its independence, the period of the Duchy of Warsaw, the Kingdom of Poland, and the practice on Polish territory under Austrian and Prussian control. The author then moves to modern law by presenting the judicial system in Poland in general, especially the differences between the separate systems of general courts and administrative courts, and analyses the jurisdiction of voivodship (regional) administrative courts, and the basic principles of judicial and administrative proceedings. The focus of study is mainly devoted to judicial and administrative procedure, rather than an administrative process of citizens before administrative authorities regulated in a separate Code of Administrative Procedure. The article describes the role of the judge (pointing out the differences between the active role of first instance judges and the limited capabilities of the judges of the appeal) and the powers of the Supreme Court, in particular its power to adopt resolutions, which has a great importance for the unification of the jurisprudence. A brief analysis is given to class actions, which in the Polish legal system are inadmissible in court and administrative proceedings. The articles provides a statistical cross-section illustrating the role of administrative jurisdiction. The author concludes with observations pointing up the progress of administrative jurisdiction in Poland, not only in the legal sense, but also in the cultural sense.

Legal dispute over the Constitutional Court in Poland

Legal dispute over the Constitutional Court in Poland
Author: Bogumił Szmulik
Publisher: Wydawnictwo Instytutu Wymiaru Sprawiedliwości
Total Pages: 280
Release: 2020
Genre: Law
ISBN: 8366344509

The strengthening of the position of courts was, to a large extent, the result of the creation and rapid development of constitutional justice. It has made the power that was “in some measure, next to nothing” a real power, and the apolitical placement of courts changed into a political one, or at least one leading to serious political repercussions.… There is no doubt today that courts are a branch of power in the full sense of the word, and some even point out that because of constitutional justice they have become de facto the first power. From the position of a passive power, they have changed their placement, mainly owing to constitutional justice, to that of an active power, which competes on a par with the authority of the parliament and government in search of a golden mean of political balance. As a consequence, constitutional courts have slowly, but very consistently, forged their position by stepping into the shoes of a power that is as a matter of fact a political and active one. This, apart from prestige and recognition for constitutional courts, has also created the threat that, like with all the other active branches of power, they would become a participant in disputes and polemics, and could enter into a classic power conflict…. Political disputes over the Constitutional Court cannot be eliminated altogether. The Court, by its very nature, may betray political engagement, or at least its judicial decisions will have a political effect, which means that it will be engaged in the political optics of rivalry between the separated branches of power. The constitutional drafters, acting rationally, should therefore exercise due care to eliminate possible tensions. Political disputes cannot be predicted, nor can they be eliminated. However, they can be mitigated, and unfortunately this is still missing in the Polish Constitutional Court model. FROM THE INTRODUCTION