sądownictwo administracyjne

  • Der lange Neuanfang der Verwaltungsgerichtsbarkeit in Polen nach dem Zweiten Weltkrieg

    Author: Jan Wiktor Tkaczyński
    Institution: Uniwersytet Jagielloński
    Year of publication: 2016
    Source: Show
    Pages: 235-246
    DOI Address: https://doi.org/10.15804/ppk.2016.06.12
    PDF: ppk/34/ppk3412.pdf

    The long new beginning of administrative jurisdiction in the post-World War II Poland

    It’s hard to deny that the history of administrative jurisdiction in Poland attests the dramatic fate the country faced in the twentieth century. It is the only country in Europe which, through deliberate actions of the German occupant, suffered the loss of its entire decree archives. Similar were personnel losses: following the end of the war only 37% of all justices and prosecutors from before the war returned to work. The most serious blow, however, to the idea of the revival of the administrative jurisdiction in Poland, came from the communists’ complete rejection of such type of jurisdiction. It was considered irreconcilable with the then propagated doctrine of socialist legitimacy, according to which a conflict between the administration of the state, realising the will of the working people, was eo ipso impossible. It was, therefore, a departure from the previous understanding of law, according to which the role of administration was to guard the legal rights of every individual. Restitution of administrative jurisdiction (initially of a quite limited scope) at the dawn of the communist rule in Poland was therefore an exception in all of the then Ostblock. The gradual development from that moment onwards of the Polish administrative jurisdiction, and also an increase in popular awareness of individual rights, are best testified by the statistical data. If in 1980, the first year of the restored administrative jurisdiction, 2,470 cases were submitted to court, in 2015 there were as many as 83,529 cases.

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