REVIEW OF DISCRETIONARY DECISIONS BY ADMINISTRATIVE COURTS
Journal Title: Zeszyty Naukowe Wyższej Szkoły Finansów i Prawa w Bielsku-Białej - Year 2017, Vol 1, Issue 2
Abstract
The paper concerns reviews conducted by administrative courts of decisions issued by public administration authorities on the basis of their administrative discretion. The author presents decisions of the administrative law doctrine and case-law of administrative courts, with particular regard to the current views. The author reflects on admissibility of the review of discretionary decision. He indicates the differences and similarities between a constrained decision and a discretionary decision, and also answers the questions whether it is admissible to conduct the review of the discretionary decision by administrative courts on the basis of the criterion of expediency and it is possible that the court considers only the criterion of legality. According to the main conclusions of the paper, there are no differences between the constrained decision and discretionary decision in terms of the review by administrative courts; the criterion of expediency is permitted if it results from the regulations empowering the authority to issue discretionary decisions; it has also been observed that administrative courts increasingly expand the review capacity to ensure the compliance with law, so that any such review could also be used to verify the correctness of the discretionary decision which has been issued.
Authors and Affiliations
Paweł ARTYMIONEK
Keywords
Related Articles
- EP ID EP307335
- DOI 10.19192/wsfip.sj2.2017.9
- Views 68
- Downloads 0
INSTYTUCJONALNE WSPARCIE TRANSGRANICZNEGO RYNKU PRACY NA PRZYKŁADZIE EURES-T BESKYDY
Współczesny rynek pracy stawia przed pracownikami coraz więcej wyzwań. Jednym z nich jest konieczność poszukiwania pracy w krajach innych, niż kraj pochodzenia. Rosnąca mobilność pracowników jest poniekąd wymuszona stane...
NEW DIRECTIONS IN CRIMINAL LAW THE PRIMACY OF NON-CUSTODIAL PENALTIES AND THE COMPENSATORY FUNCTION
The paper is focused on the consequences of the amendment of the Penal Code provisions relating to the penalties, providing a theoretical background for the problems of penalties considered as a part of the Penal Code as...
USE OF SELECTED INSTRUMENTS OF MANAGEMENT FOR THE IMPROVEMENT OF ECONOMIC SECURITY IN NATIONAL ENERGY SECTOR -RESEARCH REPORT
The paper discusses the issues of functioning of management and supervisory boards and the use of audit tools in companies from Polish energy sector. The text provides a summary of survey on functioning of supervisory bo...
CIVIL GUARDS AS A FORM OF ACTIVATION WITHIN THE 3RD SECTOR
Members of local communities can play an active role in assuring their own security and public order. One of the forms of such civic activity is the institution of civil guard, which is closely in line with the philosoph...
THE PHENOMENON OF CONFLICT IN EDUCATION FOR SECURITY ON THE EXAMPLE OF THE CZECH REPUBLIC (PART I)
Security belongs to the basic qualitative standards of citizens´ life in every country. It is a very frequently discussed question involving education for security. The paper presents a concise analysis of the phenomenon...