The concept of an objection against the cassation decision of the administrative appeal body. Direction in which this concept evolves

Abstract

As of 1 June 2021, four years have passed since the institution of objections to the cassation decision of the administrative appeal body was introduced into the proceedings before administrative courts. The new formula for the control of cassation decisions raised concerns from the very beginning. This article examines whether these concerns remain valid after the regulation has been in force for four years and whether the institution of objection has met the expectations placed in it by the legislators. The analysis covers three main differentia specifica of the objection institution, i.e. the limited group of participants in the proceedings, the limited scope of judicial review of cassation decisions and the limited application of the principle of two-instance court proceedings.

Keywords

• objection
• cassation decision
• two-instance decision
• right to access to court
• speed of proceedings
• efficiency of proceedings