Basics of proceedings before administrative courts

obligatory courses

The subject "Basics of proceedings before administrative courts" enables the presentation to students of basic assumptions regarding the control of the legality of public administration, exercised by voivodship administrative courts and the Supreme Administrative Court. The main emphasis during the classes is on the general principles of judicial and administrative proceedings, which allows a cross-sectional presentation of its most important structures and understanding of the procedure for checking legality and its possible effects on the administrative apparatus and administrative entities.

Classroom

The lecture focuses on the issues of selected aspects of judicial control of administration. The aim is to show different models of this control, as well as significant features of the Polish model of judicial control of administration. The legal norms determining this control will be analyzed - the scope of judicial review, procedural aspects and possible consequences of this check.

1. Genesis and development of administrative judiciary. Models of judicial control of administration.

2. Place of administrative courts in the system of state organs

3. The concept of administrative court case. Premises for admissibility of administrative court proceedings.

4. Conditions for admissibility of an appeal. Complaint, objection and application to the administrative court.

5. Rules of administrative court proceedings.

6. Entities of administrative court proceedings.

6. Proceedings before the court of first instance.

7. Court rulings.

8. Appeals: cassation appeal, complaint, resumption complaint, complaint of unlawfulness of a final judgment;

proceedings before the Supreme Administrative Court; mechanism of adjudication by the Supreme Administrative Court and NSA ruling.

9. Resolution activities of the Supreme Administrative Court.

10. Functions and impact of administrative court rulings.

Literature [in polish]:

1. Adamiak B., Borkowski J., Administrative and administrative court proceedings, Warsaw 2020.

2. H. Knysiak-Sudyka (red.), Administrative court proceedings, Wolters Kluwer, ed. 8, Warsaw 2020.

Class participant:

- has extensive knowledge of the institutions of judicial control of administration

- has in-depth knowledge of procedures for judicial review of administration

- uses the acquired knowledge in the field of judicial control of administration to propose solutions and independent settlement of specific problems

- is aware of the level of his knowledge and skills in the area of judicial control of administration, understands the need for continuous professional training and personal development due to the dynamics of market and social processes taking place in the world; can inspire and organize the learning process of others

- correctly identifies and resolves dilemmas regarding judicial control of administration related to activity in the socio-economic environment

- is able to independently and critically supplement and improve acquired knowledge and skills in the field of judicial control of administration.

The course ends with a credit with a grade. Final test is carried out in writing. The basis of assessment is substantive correctness, completeness, consistency and ordering of answers.

The final test grade is 100% of the course grade.

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