Public participation in dealing with cases in administrative procedure - reflections on the basis of the Polish legal system

• Author: Magdalena Michalak - Przemyslaw Kledzik
• Position: Faculty of Law and Administration, University of Szczecin, Poland - Faculty of Law and Administration, University of Szczecin, Poland
• Pages: 425-436

Public participation in dealing with cases in administrative

procedure - reflections on the basis of the Polish legal system

Dr. iu r. Magdalena MICHALAK1

Dr. iur. Przemysław KLEDZIK2

Abstract

In 2017 the Polish Code of Administrative Procedure was amended. As a result of

the introduced changes, regulations regarding public participation in dealing with

individual cases subject to settlement by way of decision were significantly extended. As a

general rule, the authorities have been obliged to strive for amicable settlement of disputes

whose nature allows it. In order to implement the above principle, apart from the institution

of amicable agreement already applicable in Polish system, the possibility of conducting

mediation between the parties to the proceedings, as well as between the party and the

authority was introduced. Such solution is already applied in some legal orders and is

gaining more and more importance in the countries of the EU. The objective of these

regulations was to extend public participation in the administrative governance. The article

presents an analysis and evaluation of solutions adopted in Polish law in the context of

general and universal problems of purposefulness, scope and forms of public participation

in authoritative resolution of disputes, which as a rule is the domain of the state.

Keywords: administrative procedure, public participation, mediation, Polish legal

system.

JEL Classification: K23, K40

1. Introduction

Research issues undertaken within the framework of this study refer to the

matter of public participation in dealing with individual cases which are decided by

way of administrative decision. The adopted research methodology includes an

analysis of the normative material of Polish law concerning the Polish general

administrative procedure, including the amendments introduced as of 1 June 2017,

conducted on the basis of a dogmatic and legal method and, additionally, a

historical method. The research structure includes analytical considerations in the

following subjects: legal character of the Polish general administrative procedure,

participation in dealing with individual cases in the context of the characteristics of

administrative decisions, as well as the general principle of an administrative

proceeding - amicable settlement of contentious issues. A particularly meticulous

analysis concerned the closely related to that principle − institution of mediation,

1 Magdalena Michalak - Faculty of Law and Administration, University of Szczecin, Poland,

magdalena.michalak@usz.edu.pl.

2 Przemysław Kled zik - Faculty of Law and Administration, University of Szczecin, Poland,

przemyslaw.kledzik@usz.edu.pl.