Actions by administrative authorities justified by a state of higher necessity

Abstract

This article deals with the actions of the administrative proceeding authorities justified by a state of higher necessity. In Poland, the state of higher necessity does not constitute a title for the encroachment of public administration bodies on the rights and obligations of persons without a legal basis. In terms of its essence, the state of force majeure under the Administrative Procedure Code is not uniformly understood. It may be treated narrowly or broadly. However, regardless of its treatment, it conditions the application of special and very often inherently exceptional solutions. This includes issuing decisions with the application of special regulations in matters of peace, security and public order, and sometimes in situations dictated by an even differently understood state of higher necessity. This article deals with the actions of the administrative proceeding authorities justified by a state of higher necessity. In Poland, the state of higher necessity does not constitute a title for the encroachment of public administration bodies on the rights and obligations of persons without a legal basis. In terms of its essence, the state of force majeure under the Administrative Procedure Code is not uniformly understood. It may be treated narrowly or broadly. However, regardless of its treatment, it conditions the application of special and very often inherently exceptional solutions. This includes issuing decisions with the application of special regulations in matters of peace, security and public order, and sometimes in situations dictated by an even differently understood state of higher necessity.

Keywords

• public administration
• administrative procedure
• state of urgency
• exceptions
• legal regulations