Modification of two-instance proceedings by the “flattering”  as a remedy for excessive length of court proceedings –  selected issues related to proceedings before administrative courts

Efficiency as well as efficacy of courts proceedings seems to be vital factor for both society and economic growth. However, legal infrastructure and two-instance proceedings cause backlogs. This is to say lack of court efficiency is to some extend related to the shape of legal remedies; yet constitutional pedigree of given principles consequently broadens the scope of further modifications. Therefore, lawmakers are searching for optimal model of two-instance proceedings. Within wide spectrum of given solutions one will be the subject of this paper i.e. so-called “flattening” of court instance. Especially, authors tried to determine whether modifications of court instance are proper remedy for achieving lesser caseload.

Secondary unconstitutionality of legal regulations – chosen problems

In accordance with the regulations the Constitution of the Polish Republic Constitutional Court of Justice controls concordances with law of principle of constitutional sources of law: bills, international treaties and regulations given by central State-organs. Results of opinions of Court of Justice determine the extremely important problem from the point of view of the practice of the application of the law. In the face appearing cases of resolving by Parliament of legal provisions in the sound which previously was questioned by Court of Justice, the special meaning gathers the matter of unconstitutional of secondary in the sphere of the administrative law. The article is a test of defining of this occurrence and the performance of attentions effluent from the current jurisdiction and the practice.

The jurisdiction activity of municipal revocatory governing bodies and the two-instance conduct judicial-administrative. Considerations over the right of the existence of municipal revocatory governing bodies

Before several years followed in Poland the rebirth of the territorial autonomy. From the time of the beginning the part and task of the local government systematically increase and the range of his assignments is constantly extended. From this even if the point of view constitutional guarantees of the protection of citizen’s rights in relations with structures of the territorial government and the inspection of his kelter are an interested investigative theme. From the point of view of the mechanisms of the inspection of the administrative activity of the local government and constitutional guarantees of the protection and the realization of the rule of the self-government on the first plan is shooting ahead jurisdiction activity of municipal revocatory governing bodies – organs about the character of hybrid, performing functions inspections of instance about the administrative character, though with typical competences for the organ of the administration of justice whose simultaneously the character did not become brightly explicit. Therefore the problem of the qualification of their character, the structure and the function in the system of the authority, and all the more the qualification of the constitutional part is interested and demands the reflection – all the more de lege ferenda, especially from the perspective need their constitutional regulation. The article is an attempt of the performance of the idea of the activity of municipal revocatory governing bodies and their further development.

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.

This study investigates legal effects of appealing against a decision in part in the context of the constitutional principles of the protection of acquired rights, a two-stage procedure and the rule of law, which are determinants of standards of a democratic state ruled by law, and to formulate relevant conclusions. This is done by means of an analysis of the law in force and a comparative analysis, with a focus on the subject matter of the attribute and effects of a decision’s final force.