Administrative procedure 2600-DSFRdz/w3pfpPA
1. Introduction to the subject.
a. Organizational matters: instructor, method of assessment and credit.
b. Students' experience with administrative proceedings.
c. Public administration, administrative law and its application. Parts of administrative law (constitutional, substantive and procedural law), relation of procedural law (on administrative procedure) to substantive law.
d. Dealing with individual administrative matters as an example of the application of administrative law.
e. Basic information about administrative procedure:
i. Entity arrangement: a public administration body decides a party's case.
ii. Object of the proceedings: arriving at a resolution of the case, corresponding to the facts of the case, evaluated using the applicable law.
iii. Course of proceedings: initiation of proceedings, investigation, issuance of a decision on the subject matter of the proceedings.
2. Participants in administrative proceedings.
a. The public administration body conducting the proceedings.
b. Party, i.e., a person whose own interest - i.e., their own rights and obligations - will be affected by the decision made at the end of the proceedings.
c. Subjects in the rights of a party, i.e., persons participating in the proceedings because of the public interest rather than their own interest.
d. Witnesses.
e. Experts.
f. Other participants, e.g., the person obliged to hand over the object of inspection.
3. Selected principles of administrative procedure, part I.
a. Legal and practical significance of the principles of administrative procedure.
b. The principle of the rule of law.
c. The principle of objective truth.
d. The principle of active participation of the party in the proceedings.
4. Selected principles of administrative procedure, part II.
a. The principle of protection of trust.
b. The principle of proportionality.
c. The principle of equal treatment.
d. The principle of information.
e. The principle of speed of proceedings.
f. The principle of permanence of an administrative decision. The concepts of decision: final and final.
5. Initiation of administrative proceedings.
a. Mode of initiation of proceedings: ex officio or at the request of a party.
b. Determination of the day of initiation of proceedings.
c. Applications (content, types, ways of filing applications) and actions of the public administration body related to applications.
6. The investigation procedure.
a. Deadlines for handling cases: immediate handling of the case, deadline of 1 month, deadline of 2 months.
b. Suspension of proceedings.
c. Evidence and evidence proceedings.
7. Completion of administrative proceedings and appeals.
a. Issuance of an administrative decision and discontinuance of proceedings as typical ways of terminating proceedings.
b. Contents of an administrative decision:
i. Date of issuance of the decision.
ii. Designation of the public administration body that issued the decision.
iii. Designation of the party.
iv. Legal basis.
v. Resolution.
vi. Justification (factual and legal).
vii. Advice on legal remedies (appeal, request for reconsideration by the same body, complaint to the administrative court).
viii. Signature of the person authorized to issue the decision.
c. Service of letters in administrative proceedings, with particular emphasis on the administrative decision.
d. Appeal against an administrative decision.
8. Summary and repetition of the material, colloquium.
Type of course
Mode
Learning outcomes
Upon completion of the course, the student or student:
K_W02
Knows and understands the legal basis, objectives and specifics of general administrative proceedings
K_W03
Knows and understands the basic concepts and theoretical concepts (institutions), principles and stages of general administrative proceedings
K_W04
Knows and understands in depth the general procedural regulation applied by public authorities in Poland.
K_W05
Knows and understands the legal processes and phenomena related to the application of the code of administrative procedure by public authorities their impact on the economic environment.
K_U01
He/she is able to use knowledge of the basics of administrative procedure to recognize, diagnose and solve problems related to individual administrative cases.
K_U02
Is able to objectively identify and interpret the phenomena and analyze the processes occurring in the public authority-entrepreneur(citizen) relations within the framework of administrative proceedings
K_U03
Is able to independently and collectively analyze legal situations related to the obligations under the Code of Civil Procedure, diagnose the potential consequences of changes in procedural law for business and civil rights, and present them communicatively
K_U05
Has the ability to self-educate and improve the acquired skills
K_K01
Is ready or willing to determine the scope, observance and signaling of violations of procedural standards set by K.p.a.
K_K03
Is ready or willing to think and act in a predictive manner taking into account the knowledge of forms and methods of public administration in administrative proceedings
S1_W03
Knows and understands in an in-depth manner the basic sources of common and internal law concerning administrative proceedings in public administration
S1_W04
Knows and understands the procedural nature of public authorities' actions and its impact on conducting business and civil rights
S1_U05
Is ready or willing to evaluate and critically approach situations and phenomena related to the misapplication of administrative procedure by public bodies
S1_K01
Is ready or willing to observe and develop public procedural standards within the public administration apparatus.
Assessment criteria
Components of the final evaluation:
1. Evaluation of continuous work in the form of case studies (legal cases) solved during classes on the Kampus2 platform: 50%.
2. Colloquium in the last class, in the form of a closed test on the Kampus2 platform, including questions of theoretical knowledge and questions in the form of case studies: 50%
Calculation of final grades:
0-49.99%: grade 2
50-59.99%: grade 3
60-69.99%: grade 3.5
70-79.99%: grade 4
80-89.99%: grade 4.5
90-94.99: rating 5
95-100%: rating 5!
Bibliography
Basic reading: Materials posted on Kampus2
Additional reading: Postępowanie administracyjne - ogólne, podatkowe, egzekucyjne i przed sądami administracyjnymi, M. Wierzbowski (red.), Warszawa 2022
Additional information
Additional information (registration calendar, class conductors, localization and schedules of classes), might be available in the USOSweb system: