Administrative Procedure and Administrative Courts Process WP-PRZ-PAiSA
Administrative proceedings. Essence and development of the administrative proceedings. Range of applicability of Code of Administrative proceedings (CAP), Types of proceedings regulated In CAP. Range of applicability of CAP In the jurisdiction proceedings/ Subjective and Objective scope and exceptions from CAP. Subjects of administrative proceeding – bodies of public administration / general (particular) competence, particular exceptions of employee and body, results of infringement of regulations on peculiarity and exemptions, -
Parties/ definition , legal capacity and active capacity, proceedings rights of party his representative/ plenipotentiary. Subjects of to proceedings as a party, forms and premises of participation of the public prosecutor, /Commissioner of Civil Rights Protection and voluntary organizations In proceedings. General rules of administrative proceedings/ legal nature of rules, Periphrasis of particular rules with focus on consequences of infringement.
Course of administrative proceedings, instituting legal administrative proceedings and its consequences, - terms / type, method of counting, consequences of infringement,
Restitution of term, consequences of organ inaction, Course of proceedings before organ of first instance/ initial proceedings, explanation proceedings, including notion and types of evidences/ rules of evidences proceedings, phase of judgment, including decision ma king, its elements, feasibility of a decisions, its appeal, definition of provision, its elements, execution of provision, its appeal, administrative agreement, common types of appeal/ instrument of appeal/ complaint, motion of restitution of case, its legal nature, features and consequences, course of proceeding before second instance, initial proceedings, explanation proceedings and its range, types of decisions of appealing organ, reformation in Pius; Objections of administrative proceedings and its consequences/ adjournment, suspension, remission.
Co validation of decision/ correction, explanation, complement, repeal of final judgment, subsidiary and facultative repeal, repeal of a judgment on base of particular regulations, proper organs, conditions, course, consequences. expiration of decision/ proper organ, conditions, course, consequences. Repeal of final defective decisions, mutability – institution of mutability/ competences of organs, prerequisites, course, types of opinions and its effects, invalidity of decision /competence of organs, prerequisites, course, types of opinions and its effects. Court fees and costs of proceedings. Proceeding on issuing attestation/ range, course of proceeding, forms of conclusions – attestation or provision, appealing and effects. General characteristic of proceeding In cases of complaints and motions, definition of complaints and motions, - complaint In individual case from scope of public administration; competences of organs, course of proceedings, forms of setting complaints and motions. Juridical-administrative proceedings , competences of administrative courts, structure of the administrative courts. Parties and participants of judicial-administrative proceedings/ organ, plaintiff, participation of the public prosecutor and voluntary organizations, others participants on the rights of parties, conditions of admissibility of complaints and motions; Course of proceedings before organ of first instance/ types of judgments. Cassation appeal and grievance/ formal conditions, base. Quasi means of appeal, petition for the revival of proceedings. Proceeding before Supreme Administrative Court. Deciding of competences disputes , law-making activities. Court fees, distribution of fees and right to legal aid
(in Polish) E-Learning
(in Polish) Grupa przedmiotów ogólnouczenianych
Subject level
Learning outcome code/codes
Type of subject
Course coordinators
Learning outcomes
He knows and understands the proper procedures for the operation of public administration
He knows and understands the basic principles, institutions and course of executive proceedings
He knows and understands the basic principles, institutions and course of judicial-administrative proceedings
He analyzes and applies in practice the provisions of CAP
He analyzes and applies in practice the provisions of executive proceedings
He analyzes and applies in practice the provisions of judicial-administrative proceedings
He is aware of the need for further improving the knowledge and obeying the ethical and professional standards
Hours of classes (according to the plan of study) with a teacher 64 (32 h + 32 h century quarter)
Consultation with the teacher 16
Student's own work / preparation for classes and exam 130
TOTAL HOURS 210
The total number of ECTS POINTS FOR ITEM 7
Bibliography
1. W. Federczyk, M. Klimaszewski, B. Majchrzak, Postępowanie administracyjne, Warszawa 2011
2. M. Jaśkowska, M. Masternak, E. Ochendowski, Postępowanie sądowoadministracyjne, Warszawa 2010
3. M. Jaśkowska, A. Wróbel, Kodeks postępowania administracyjnego. Komenatrz, Warszawa 2011
Additional information
Additional information (registration calendar, class conductors, localization and schedules of classes), might be available in the USOSweb system: