Gwarancje ochrony praw jednostki w postępowaniu administracyjnym na przykładzie art. 8 Kodeksu postępowania administracyjnego

Abstract

The paper discusses the principle of strengthening of citizen’s trust towards public authority. According to this principle, organs of public authority have some duties as far as the manner of conducting the administrative proceedings is concerned. This manner, however, is not determined directly, but solely by indicating the objective (result) to be achieved. At the same time, the very meaning of the term “trust” in the sense of the provisions of the Code of Administrative Procedure is debatable. Nevertheless, the principle in question is regarded as a mechanism designed to protect the citizens’ rights and interests against the unreasonable decisions adopted by competent organs of public administration. The overall objective of the principle laid down in Article 8 of the Code of Administrative Procedure is to equalise the legal position of the parties to the administrative proceedings. The review of the jurisprudence provides examples of the most important directives to be taken into consideration by organs of public administration in the course of administrative proceedings. In particular, the organ conducting the proceedings should respect the principle of equal treatment of the parties. Furthermore, when adopting decisions or making assessments in similar matters and issues, the organ should apply uniform criteria with regard to all subjects of administrative proceedings. Keywords: general principles of administrative procedure, the principle of citizen’s trust towards public authority, proportionality, impartiality, equal treatment

Keywords

• general principles of administrative procedure
• the principle of citizen’s trust towards public authority
• proportionality
• impartiality
• equal treatment