Polish Administrative Law

optional courses

Self-reading

1. APPROACHES TO PUBLIC ADMINISTRATION AND ADMINISTRATIVE LAW IN THE PAST AND IN THE PRESENT TIME: Concepts in the Context of Their Historical Development; Place of Administrative Law in the System of Law and in the Social Environment; Subdivisions of Administrative Law; Public Management. New Public Management; Good Governance, Participatory Democracy, Open Government, Responsive Government, and the Principle of Subsidiarity with Respect to Public Administration.

2. BASIC TERMINOLOGY IN THE FIELD OF ADMINISTRATIVE LAW: Public Interest; State. Government. Public Power and Public Powers; State Administration. Governmental Administration. Central Administration; Decentralisation. Deconcentration; Self-government. Territorial Self-government. Regional and Local Self-government; Organ of Public Administration; Tasks and Competences; Offices of Public Administration. Public Establishment. Public Enterprise; Supervision. Control. Direction; General and Individual Administrative Acts.

3. NATIONAL MODELS OF PUBLIC ADMINISTRATION. INTERNATIONAL AND EUROPEAN STANDARDS OF PUBLIC ADMINISTRATION, including standards of “soft law” on the example of Recommendation (2007)7 of the Committee of Ministers of the Council of Europe (with Appendix: Code of Good Administration).

4. BASIC ISSUES OF ADMINISTRATIVE LAW: Principle of Legality; Legality and Discretionary Power of an Organ of Public Administration; Proportionality, Other Principles of Substantive and Formal Administrative Law; Right to Appeal; Judicial Control of Legality of Administrative Activities; Abuse of Public-Law Rights.

5. SPECIFIC FEATURES OF POLISH ADMINISTRATIVE LAW: Historical Bases of the Present Polish Administration; Post-1989 Changes in Polish Public Administration and Administrative Law; Characteristic Features of Present Polish Public Administration and Administrative Law; Sources of Polish Administrative Law; Present Organisation of Polish Public Administration; Principles of Polish Administrative Procedure.

Obligatory:

1. H. Izdebski, Public Administration and Administrative Law, Warsaw: Liber 2005;

2. M. Możdżeń-Marcinkowski, Introduction to Polish Administrative Law, Warsaw: C.H. Beck 2009;

3. Code of Good Administration.

A candidate who has successfully completed the subject should be able to:

- demonstrate an understanding of the fundamental legal institutions of Polish administrative law, its basic terminology and its history

- demonstrate an understanding of the differences between different models of public administration

- think critically about Polish administrative law, its values and its impact on administrative decision-making

- demonstrate improved skills in reading, interpreting and analysing cases and legislation