Journal of Modern Science (Oct 2023)
(Dis) harmony of the procedure and the administrative procedure for the proceedings before the consul
Abstract
Objectives The authors analyzed the procedure before the consul, paying attention to whether the solutions introduced to the Consular Law Act do not introduce unjustified deviations from the "original". Material and methods The indicated subject determined the choice of application as the basic formal and dogmatic method. It consists in analyzing and interpreting the provisions of Polish law, taking into account the views expressed in the doctrine and jurisprudence. The findings were made on the basis of an empirical study conducted using the legal content analysis method. Results The authors of this study focused their considerations on the regulations regulating the consul's duties in the field of ensuring effective access to consular protection to eligible citizens. Conclusions As a rule, the structure of the procedure conducted by the consul should allow for quick resolution of the case. For this reason, the lack of specifying the deadline for the consul to submit the case files to the authority of second instance, and thus the deadline for self-control, should be assessed negatively. On the other hand, the introduction to Pk. The provisions on the reconstruction of lost or damaged files and the clarification adopted in Art. 57 sec. 2 Pk. on the full legal capacity of the party's representative. On the other hand, the rigid, statutory deadline for the party to supplement the deficiencies in the letter undoubtedly deprives this procedure of one of the desirable features of the procedure, which is flexibility (Kmieciak, Warszawa 2014, p. 92). The analysis of some solutions introduced by the legislator to regulations located outside the Code of Administrative Procedure leads to the conclusion that some of them are useful in general administrative proceedings.
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