Administrative and Judicial Administrative Procedure 2200-1P015
The classes are focused on presenting the basic theoretical and practical aspects of administrative proceedings. The aim of the classes is to familiarize students with the essence, nature, and course of administrative proceedings conducted on the basis of the provisions of the Act of 14 June 1960 - the Code of Administrative Procedure. The lecture material will focus on the most comprehensive and exhaustive analysis of individual institutions of administrative proceedings, with particular emphasis on showing the practical meaning of these institutions and their importance within administrative proceedings. Additionally, systemic and procedural issues related to administrative courts will be discussed.
1. The genesis and essence of administrative proceedings; basic concepts, scope of application
2. General principles of the Code of Administrative Procedure
3. Competence of authorities
4. Exclusion of employee and authority
5. Concept of party to administrative proceedings, party representative, party proxy
6. Entities with the rights of a party
7. Handling matters, deadlines in administrative proceedings
8. Deliveries and summonses
9. Initiation of administrative proceedings
10. Protocols and annotations
11.. Evidence in administrative proceedings; Explanatory proceedings
12. Suspension and termination of administrative proceedings
13. Administrative decision and resolution - the concept of an administrative decision will be defined, its mandatory elements in the light of art. 107 of the Code of Administrative Procedure and in the light of the case law of administrative courts; optional elements of an administrative decision and institutions from art. 109-113, as well as resolution, will also be discussed.
14. Administrative settlement - essence, nature, procedural significance. Conditions and procedure for conclusion, conditions and procedure for approval.
15. Appeal against a decision as an ordinary legal remedy - during this lecture, the appeal will also be discussed
16. Resumption of administrative proceedings - essence, conditions, procedure
17. Determination of invalidity of an administrative decision - essence, conditions, procedure
18. Other cases of annulment or amendment of final decisions
19. Fees and costs of proceedings
20. Simplified proceedings
21. Administrative courts - elements of the administrative court system, the right to court and the scope of cognition and basic information about the complaint against a decision, judgments and cassation appeal.
Type of course
Mode
Prerequisites (description)
Course coordinators
Learning outcomes
K_W02
has basic knowledge of state and local government structures and basic elements of these structures
S1A_W02
K_W03
has basic knowledge of procedures and conditions of decision-making on the scale of the European Union, state and local government
S1A_W03
K_W05
knows the basic principles of searching for appropriate legal acts regulating social and economic relations and searching for statistical data
S1A_W06
K_W06
knows the basic legal regulations concerning the structures of the state and local government units
S1A_W07
K_W07
knows the evolution of legal and organizational regulation systems concerning the system, tasks and competences and financial matters of public administration
S1A_W08
K_W08
knows contemporary theoretical trends and concepts on the functioning of local government and civil society and the evolution of views on these issues
S1A_W09
K_U02
is able to use legal acts and strategic documents developed at various levels of public affairs management (identify and interpret them correctly)
S1A_U02
K_U03
has the skills to critically analyze the tasks of local government and forecast collective needs in the local and regional dimension
S1A_U03
S1A_U04
K_U04
correctly uses normative systems and selected norms and rules (legal, professional, moral) in order to solve a specific task in the field of public administration functioning
S1A_U05
K_U05
is able to indicate axiological and practical dilemmas in the work of a local government employee
S1A_U06
K_U06
has the skills to identify social problems in the regional and local dimension and select appropriate instruments for their solving
S1A_U07
K_U07
can prepare a typical written work in Polish and a foreign language, using basic concepts and terminology related to public administration
S1A_U08
S1A_U09
K_U08
can prepare an oral presentation in Polish and a foreign language regarding public administration issues
S1A_U10
Assessment criteria
The subject ends with an oral exam. Lecture credit is based on attendance and passing a test. Workshop credit is based on requirements set by the instructor.
The student should know most institutions and rules of procedure, apply them correctly, be able to solve cases and have the ability to draft procedural documents, as well as administrative acts.
Bibliography
Postępowanie administracyjne i sądowoadministracyjne z testami online, pod red. M. Wierzbowskiego i R. Stankiewicza, Warszawa 2024
Additional information
Additional information (registration calendar, class conductors, localization and schedules of classes), might be available in the USOSweb system: