PRAWO DO SĄDU W PRAWIE ADMINISTRACYJNYM

Abstract

The paper focuses on the analysis of specific features of administrative law and administrative tribunals, which influence the interpretation and application of the constitutional right to turn to a tribunal for a decision in administrative law. The constitutional right of recourse to court should be, in principle, understood equally in all branches of law, i.e. in the whole legal system. However, administrative law has a specific function and application, with the result that the activities of the administrative court are only secondary in relation to the activities of the organs of public administration. Moreover, administrative decisions are not of a substantive, but merely regulatory character. Consequently, the right of recourse to a tribunal within that branch of law may be construed differently. While a right to instigate administrative proceedings seems to be recognised, or legitimised, on the ground of legal interest, the concept of a claim differs, and the structuring o f the 'dispute' before an administrative tribunal is also different. The need for a different interpretation of the right to turn for an administrative decision does not mean that that right is in any particular way, restricted. Certain limitations do, however, occur, when it comes to more detailed regulations, which are analysed more thoroughly in the second part of the paper concluding with a proposition that the currently binding regulations should be gradually improved in order to ascertain a full and effective right of recourse to a court in administrative law.