organ państwowy

  • Swoboda decyzyjna organów państwowych na przykładzie klauzul generalnych w ustawie z dnia 23 lipca 2003 r. o ochronie zabytków i opiece nad zabytkami

    Author: Izabela Bernatek-Zaguła
    Institution: Państwowa Wyższa Szkoła Zawodowa w Legnicy
    Year of publication: 2010
    Source: Show
    Pages: 103-124
    DOI Address:
    PDF: ppk/04/ppk405.pdf

    In this article entitled the author discusses the relation between the constitutional directive specified in Art. 7 of the Constitution of the Republic of Poland under which official authorities in Poland must act under and in compliance with law, on the one hand, and discretionary power in administrative law which fre- quently enables broad interpretation of legal regulations which are general in nature, on the other. The author presents his arguments on the basis of one act, the Historic Pres- ervation Act, and the analysis of its general clauses. In the first part of the article, the author addresses theoretical aspects of general clauses. In the second part, the author illustrates the theoretical concepts with specific examples of general clauses in the said Act and provides an exemplary interpretation of their meaning. The focus is placed on the extensive discretionary powers conferred by the legislator on the authorities applying the Act. Based on the provided examples of general clauses and possible extensive consequences of their application, the author concludes with description of methods and the mechanism of giving a more precise meaning to the general clauses by presenting their application in practice in judicial decisions.

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