Constitutional entitlement to bring complaints  as the form of the public inspection

The object of this dissertation is to present the role of institution of complaint referred to in Art. 63 of the Constitution of the Republic of Poland of April 2 nd , 1997 and in Art. 227 of the act of June 14 th , 1960 – Administrative Procedure Code. One of the more significant objects of complaints can be the violation of law and order. In accordance with Art. 7 of the Constitution, public authorities shall be acting on the basis and within the limits of the law. Similar rule is also included in Art. 6 of Administrative Procedure Code and also in Art. 120 of the act of August 29 th , 1997 – Tax Ordinance. In a democratic country governed my law, public authorities can only be established on a legal basis and legal regulations will specify their tasks and competences, mode of conduct, and define the limits of their activities. The obligation of public authorities is therefore abiding the law, which means undertaking any activities solely on the basis and within the binding legal standards.

The subject of the article is a petition, or rather the right to submit it, understanding the concept of petition, as well as the nature of the petition and its relationship with the concepts of a complaint and a proposal in the context of Art. 63 of the Constitution of the Republic of Poland of 1997. The notion of the right to petition in both narrow and broad terms has been analyzed. The position of the doctrine on this issue was presented.

Protection of an Individual Legal Interest as the Basis for an Individual’s Legitimacy to File a Complaint with the Provincial Administrative Court

The entity entitled to bring a complaint to the Provincial Administrative Court is anyone with a legal interest in this. The mere fact of submitting a complaint based on an individual’s individual legal interest results in an obligation on the part of the Provincial Administrative Court to examine the interest of the complainant. If the court, during the examination, does not find a connection between the action or action complained about and the interests of the complainant, it will be forced to disregard the complaint, which will result in its dismissal. The analyzed article expresses a very important principle known as the right to a fair trial. This is a consequence of the rule that only the court is the body that ultimately decides about the freedoms, rights and obligations of an individual. The right of an individual to assert his rights before a competent, independent, impartial and independent court.

Gloss to the Decision of the Supreme Court of September 7, 2023, file ref. no. I NSW 15/23

On 7 September 2023, the Polish Supreme Court issued a decision on the complaint filed under Art. 161a Polish Electoral Code to the information from the National Electoral Commission of 30 August 2023, regarding the scope of powers of persons of trust and social election observers. Based on the decision of the Supreme Court, there are two fundamental issues that require consideration. Firstly, is the position of the Supreme Court correct, according to which the information of the NEC of 30 August 2023, which does not have the form of a resolution of the NEC, may be treated as an act subject to appeal under Art. 161a E.C. Secondly, does the Supreme Court rightly conclude that pursuant to Art. 103b § 1 point 1 of the E.C. in connection with Art. 103c § 2 of the E.C. it can be concluded that persons of trust and social observers have the right to observe other activities of district electoral commissions apart from the procedure of adopting voting protocols, determining voting and election results and preparing protocols. In order to find answers to the above questions, a formal legal method was used and the achievements of case law and literature were analyzed.