Legal and Non-Legal Justifi cations for ‘Administrative Mediation’ – Remarks on Polish Administrative Praxis
Journal Title: Białostockie Studia Prawnicze - Year 2018, Vol 0, Issue 23
Abstract
In recent years lawmakers were obliged to harmonise the Polish legal system with the so-called ius commune proceduralis. This ongoing process is vital for both sustainable development, market stability and ef ective dialog amongst the various actors involved in fi eld of public aff airs. In the new era of the administrative state, the so-called ‘classic’ model of administrative proceedings became an obstacle for administrative actions. Eff ective dialog between public authorities and individuals was hard to achieve. Th e lack of instruments to ensure effective communication between decision-makers and an individual created a crisis of confi dence in public administration bodies and intensifi ed the trend of challenging administrative decisions. In order to reverse these negative phenomena, administrative mediation was implemented into the Polish Code of Administrative Procedure. Apart from the benefits related to making the procedure more ‘fl exible’, the implementation of ADR methods also brought with it some negative phenomena. Therefore, the authors of this paper have attempted to present justifications for the implementation of mediation into administrative proceedings. Our analysis also includes comments on the prospects of the application of mediation by public administration authorities.
Authors and Affiliations
Jakub Grzegorz Firlus, Kamil Klonowski
Keywords
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- EP ID EP521291
- DOI 10.15290/bsp.2018.23.02.08
- Views 33
- Downloads 0
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