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Studia Prawnicze / The Legal Studies
Article . 2014 . Peer-reviewed
License: CC BY
Data sources: Crossref
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Kontrola sądu administracyjnego w zakresie ustalania stanu faktycznego sprawy przez organ administracji publicznej jako istotny element prawa do sądu

Authors: Andrzej Nędzarek;

Kontrola sądu administracyjnego w zakresie ustalania stanu faktycznego sprawy przez organ administracji publicznej jako istotny element prawa do sądu

Abstract

In order to ensure that the right to bring an action before a court, which in substantive terms is understood as safeguard of the effective protection of individuals’ rights, is exercised and that a fair judgment is entered, the administrative courts may review the correctness of actions taken by governmental bodies in establishing the facts of the case, subject to the principle of legality. For this reason, it is necessary for the administrative courts to provide reasons for their judgments so as to demonstrate that the review of an administrative instrument was comprehensive and took account of all the facts of the case. The reasons so provided may cause the complainant to believe that he has indeed been granted legal protection. Moreover, this may demonstrate that the administrative courts not only review compliance with the principle of legality, but primarily exercise judicial power conferred on them. Therefore, it is appropriate to state that the applicable Polish regulations on the administrative courts safeguard the individual’s right to bring an action before a court both in formal and material sense.

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selected citations
These citations are derived from selected sources.
This is an alternative to the "Influence" indicator, which also reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
BIP!Citations provided by BIP!
popularity
This indicator reflects the "current" impact/attention (the "hype") of an article in the research community at large, based on the underlying citation network.
BIP!Popularity provided by BIP!
influence
This indicator reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
BIP!Influence provided by BIP!
impulse
This indicator reflects the initial momentum of an article directly after its publication, based on the underlying citation network.
BIP!Impulse provided by BIP!
0
Average
Average
Average
gold