2020/01/01 by Anna Surówka-Pasek · 1 citation
Social Sciences · #European and International Law Studies #Polish Law and Legal System #Ombudsman and Human Rights
paper · pdf · doi:10.15804/ppk.2020.06.16
openalex publication_date 2020/01/01 · openalex created_date 2021/03/29 · openalex updated_date 2026/07/28
The study presents the position of administrative courts relating to the issues of presidencial prerogative related to the appointment of judges. For years now, administrative courts have been consistent in not recognizing their competence to adjudicate in matters regarding President̀ s decisions concerning the appointment of judges. The arguments of the courts can be divided into several groups: 1) those connected with prerogatives and non-inclusion of the President among the organs of public administration, 2) those referring to the principle of the separation of powers, 3) those regarding the way the President̀ s decisions are classified. It is flagging out a certain new trend in the case-law of administrative courts, relating the classification of certain activities of President of Republic of Poland as activities of public administration in a functional sense.