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
SUMMARY

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... (see full summary)

 
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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.

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