Administrative Justice in Poland

• Author: J. Turlukowski
• Position: University of Warsaw (Warsaw, Poland)
• Pages: 124-152

BRICS LAW JOURNAL Volume III (2016) Issue 2

aDMInISTRaTIVE JuSTICE In PoLanD

JAROSłAW TURłUKOWSKI,

University of Warsaw (Warsaw, Poland)

DOI: 10.21684/2412-2343-2016-3-2-124-152

This article begins with an analysis of the development of administrative justice in Poland

over the last centuries. In particular, the author examines administrative jurisdiction

before 1918, when Poland regained its independence, the period of the Duchy of Warsaw,

the Kingdom of Poland, and the practice on Polish territory under Austrian and Prussian

control. The author then moves to modern law by presenting the judicial system in

Poland in general, especially the dierences between the separate systems of general

courts and administrative courts, and analyses the jurisdiction of voivodship (regional)

administrative courts, and the basic principles of judicial and administrative proceedings.

The focus of study is mainly devoted to judicial and administrative procedure, rather

than an administrative process of citizens before administrative authorities regulated in

a separate Code of Administrative Procedure. The article describes the role of the judge

(pointing out the dierences between the active role of rst instance judges and the

limited capabilities of the judges of the appeal) and the powers of the Supreme Court, in

particular its power to adopt resolutions, which has a great importance for the unication

of the jurisprudence. A brief analysis is given to class actions, which in the Polish legal

system are inadmissible in court and administrative proceedings. The articles provides

a statistical cross-section illustrating the role of administrative jurisdiction. The author

concludes with observations pointing up the progress of administrative jurisdiction in

Poland, not only in the legal sense, but also in the cultural sense.

Keywords: administrative justice; administrative jurisdiction; administrative courts;

principles of administrative procedure; Supreme Administrative Court of Poland;

voivodship (regional) administrative court; class actions; cassation appeal.

Recommended citation: Jarosław Turłukowski, Administrative Justice in Poland, 3(2)

BRIS Law Journal 124–152 (2016).

JAROSłAW TURłUKOWSKI 125

Table of Contents

1. Introduction

2. Outline of the History of Administrative Justice in Poland

3. System of Administrative Courts and Judges in Poland

4. Scope of Administrative Jurisdiction

5. Powers of the Supreme Administrative Court

6. Fundamental Principles

7. Class Actions

8. Statistics

9. Role of the Judge – a Note

10. Cultural Observations

1. Introduction

In every country administrative justice, or to be more precise, the administrative

court system, its operation in practice, is in a sense an indicator as to the extent

a society is actually a democratic and civil society. This is because in most non-

democratic societies there very well may be courts of law providing minimum

protection to private interests, or even to commercial interests. Even a totalitarian

society cannot do without the drawing up of contracts, the preparation of wills or

the semblance of property holdings. At the same time, a state in which power at any

level is not controlled by the society does not need administrative justice, because

the Government always knows and does what is best and cannot be restrained

by anyone or anything. “In democratic countries of law, the objective of creating

a mechanism for judicial control of public administration (the executive) has been

and still is to provide citizens with a real protection of their rights and liber ties

against the activities of the State (its ocials).”1 It does not matter what model of

administrative j ustice is selected – the Anglo -Saxon or Continental – the contro l

functions on public administration or the executive need to be carried out.

At the moment, in Poland the administrative judiciary has strong constitutional

empowerment. In accordance with Article 173 of the Constitution of the Republic

of Poland, “The courts and tribunals shall constitute a separate power and shall be

independent of other branches of power.”2 Accordingly, “the courts and tribunals

shall pronounce judgments in the name of the Republic of Poland” (Art. 174 of the

Constitution). The abovementioned fundamental principles of the democratic state

ruled by law should be related as a whole also to the system of administrative courts,

1 The Supreme Administrative Court, Warsaw 2010, ed. II, at 5.

2 The Constitution of the Republic of Poland of 22 April 1997, 79 J. of L. 483.