The Efficiency of Administrative Courts (in the Light of European and Polish Experiences)

Zbigniew Kmieciak

DOI: http://dx.doi.org/10.12775/CLR.2013.008

Abstract


In the cassation–type model of administrative jurisdiction, administrative courts in principle only investigate the administrative body’s compliance with the law. The main weakness of this adjudication model is that the same case is consecutively heard by administrative authorities and administrative courts (of various instances), without a final decision being issued. However, the stereotype of a court coined in another epoch as a purely cassation–type body must not obscure the challenges of our times. A lot has changed in the world since then, and the ever–growing dependence of the individual on administration (public service) is its visible symptom. Effective protection of the interests of the former now requires the use of more diversified control tools affording a remedy sooner and at a lower cost, and, in specific situations, also allowing administrative courts to decide cases on their merits.

Keywords


Judicial review of administration; efficiency of administrative justice; proceedings before administrative courts; cassation–type model of administrative jurisdiction; merits review

Full Text:

PDF




Partnerzy platformy czasopism