Enforcement proceedings in administration 2200-8P024

The aim of the lecture is to acquaint students with problems of the enforcement procedure in polish public administration, based on the analysis of the law, case law and doctrine views. The enforcement procedure in the polish public administration is presented as an action independent of the criminal proceedings. An important part of the procedure is the execution of an administrative act.
During the course the following topics will be discussed:
1. General issues:
The meaning and functions of implementing administrative decisions. Execution and the legal effectiveness of administrative decisions. Two ways of executing syngular duties - judicial and administrative. Coincidence of enforcement (art. 62-63a). Bankruptcy proceedings - universal enforcement. Enforcement proceedings and repressive proceedings concerning failure to fulfill an administrative obligation (Art. 16). Purpose and functions of administrative enforcement proceedings.
2. Administrative duties: concept, methods of concretization, characteristic features, classifications. Obligations subject to administrative enforcement (Articles 2-4).
3. General principles of the enforcement procedure (Articles 6-18).
4. Participants in the enforcement proceedings.
Obliged (Article 1a, point 20). The creditor (art. 1a point 13, art. 5). Enforcement authority (art. 1a point 7, art. 19-22). The requisition authority (art. 1a point 8). Bodies supervising the enforcement proceedings (Art. 23, Art. 25).
5. Participants in enforcement activities.
Third parties (Art. 38). The debtor of the attached claim (Article 1a point 3). Witnesses. Tax expert and court expert.
6. Activities preceding the initiation of enforcement proceedings. Reminder. Executive title. Request for enforcement.
7. Initiation of enforcement proceedings and initiation of enforcement proceedings. "Enforcement procedure" and "execution" - the meaning of terms and their mutual relations. Verification of the writ of execution by the enforcement authority. Suspension of enforcement proceedings and other forms of suspension of procedural and actual activities. Discontinuation of the enforcement proceedings.
8. Enforcement measures. Enforcement activities.
9. Legal measures in enforcement proceedings.
10. Enforcement costs.
11. Ways of securing administrative duties.

Type of course

obligatory courses

Mode

Classroom

Prerequisites (description)

The subject serves to present the role of the individual in actions taken as part of enforcement proceedings in administration and the impact of the individual's behavior on legal processes, facts, events and phenomena occurring in the social environment that affect the need to initiate and conduct enforcement proceedings by public administration, as well as relationships of enforcement activities of public administration with events and processes occurring in the social environment and the basic importance of enforcement proceedings for current economic, political and cultural events in society. In addition, the subject serves to present the impact of social phenomena and processes on the behavior of citizens resulting in the need to initiate and conduct enforcement proceedings to protect the interests of the Treasury, key concepts, structures and instruments related to enforcement proceedings in administration, as well as the basic processes and principles of applying legal regulations in the field of enforcement proceedings. The subject also serves to present the principles of functioning and organizational structure of enforcement authorities in Poland, as well as instruments and methods of obtaining information for the purposes of enforcement proceedings. The student acquires the ability to use commonly applicable legal acts (laws and regulations) related to administrative enforcement, identifying basic problems within the functioning of administrative enforcement proceedings in Poland, as well as identifying and assessing the risks arising from actions taken or omissions of enforcement bodies as part of enforcement proceedings. In addition, the student acquires the ability to present views and build arguments in discussions regarding administrative enforcement proceedings, joining the work of working groups in discussing specific aspects of enforcement proceedings, and supplementing and updating their knowledge related to the principles and provisions of administrative enforcement proceedings in Poland. The student also acquires the ability to critically assess his knowledge of enforcement proceedings in Poland, critical assessment of acts of law application, including in particular provisions issued as part of enforcement proceedings, and to fulfill social obligations in the form of explaining to other representatives of society the basic institutions and the principles of the functioning of administrative enforcement proceedings.

Course coordinators

Miłosz Kłosowiak
Karolina Tetłak

Learning outcomes

Student through the classes acquires knowledge of:
- Concepts and institutions concerning the enforcement procedure in administration;
- The current state of law, including jurisprudence and doctrine,
- Procedural rights of actors involved in administrative enforcement proceedings;
- Rules and procedures for the protection of the individual in the course of enforcement proceedings in administration;
- Methods of the interpretation of legal provisions relating to the enforcement procedure in administration;
- The principles and procedures to assist other States for the recovery of claims relating to taxes, duties and other measures.

Student through the classes acquires the following skills:
- Is capable to find an appropriate legal basis for the actions taken within the enforcement proceedings;
- Is capable to analyze the legal provisions relating to administrative enforcement procedure;
- Is capable to use the theorethical knowledge to solve practical cases, in particular is capable to point out an adequate remedy in a given situation.
- Can identify values underlying the various institutions of the enforcement procedure in administration and the manner of their impact on the behavior of the individual;
- Recognizes the practical importance of the theoretical disputes as to the understanding of the institutions and rules of the enforcement procedure in administration.

Assessment criteria

Attendance and passing the final test is required to credit classes. Attendance is monitored by the teacher.
The grade at the final test makes 100% grade of the student.

Practical placement

Bibliography

1. Recommendation Rec(2003)16 of the Committee of Ministers to member states on the execution of administrative and judicial decisions in the field of administrative law;
see also literature in Polish.

Additional information

Additional information (registration calendar, class conductors, localization and schedules of classes), might be available in the USOSweb system:

Description of 2200-8P024 in USOSweb