The Protection of Equal Treatment under the Code of Administrative Proceedings– between Truth and Illusion

Abstract

This article deals with the issue of equal treatment principle protection under the administrative proceedings. It discovers the essence of the principle under the Polish Constitution, the EU Treaties, and the Convention of Human Rights and Fundamental Freedoms, together with the views of the case-law of the Constitutional Tribunal, European Court of Justice, and the Court of Human Rights. The author reveals the fact, that Poland was the only Member State which amended the administrative proceedings in order to fulfil the non-discrimination directives’ goals which turned out to be an inappropriate, unsatisfactory decision. In addition to failing to adopt one of the directives related to equal treatment principle on time, the provision added to the Code seems to be superfluous, difficult to operate, and – distorting the fundamental principles of the proceedings, including the equal treatment principle itself. The conclusion of the article consists of a few proposals for remedies against the described law-making defect.