Zastosowanie przepisów działu IVa kodeksu postępowania administracyjnego w sprawach kończących się wydaniem decyzji związanej

Abstract

The subject of research and analysis undertaken within the framework of this study is the issue of the possibility of applying the provisions of Section IVa of the Code of Administrative Procedure in a situation in which a provision of a substantive law provides for the obligatory imposition of an administrative fine by a public administration body by means of a so-called bound decision. First, an attempt was made to analyse the nature of a bound decision within the broad discretion of administrative law. The nature of a bound decision clearly indicates its obligatory character in terms of the application of a strictly defined administrative measure in the form of a financial penalty. Where a specific legal mechanism is unambiguously defined as binding on a public administration body by the provisions of a substantive law, discretion in determining the amount of an administrative penalty or refraining from its imposition may be considered contrary to the principle of legal certainty. Subsequently, through the analysis of numerous rulings of courts and administrative bodies, the characteristics of Article 189a and others of the Code of Administrative Proceedings in respect of the possibility of their application in relation to related decisions were made. The aim of the study is to comprehensively analyse the interpretation made by administrative courts and to indicate the inapplicability of Section IVa of the Code of Administrative Procedure to bound decisions. The results of the research in this study answer the question whether the nature of bound decisions leaves any slack in the subject of decision-making, especially when it comes to abandoning the imposition of an administrative fine or setting its amount.

Keywords

• Administrative fines
• bound decision
• administrative recognition
• amount of administrative fines
• waiver of administrative fines