citation_author
Kmieciak, Zbigniew
citation_volume
16
citation_publication_date
12/2024
citation_title
The Hidden Dimension of the Protection Granted as a Result of Filing a Complaint with an Administrative Court (Reflections on the Act of Withdrawal of Countersignature by the Prime Minister
citation_pdf_url
https://repozytorium.kozminski.edu.pl/en/system/files/KRYTYKA%20PRAWA%204_2024%20Zbigniew%20Kmieciak%20EN.pdf
citation_issue
4
citation_journal_title
Krytyka Prawa. Niezależne Studia nad Prawem
citation_issn
2080-1084
citation_firstpage
249
citation_lastpage
266
dcterms.title
The Hidden Dimension of the Protection Granted as a Result of Filing a Complaint with an Administrative Court (Reflections on the Act of Withdrawal of Countersignature by the Prime Minister
dcterms.creator
Kmieciak
dcterms.subject
administrative court, complaint, self-revision of administration, countersignature of presidential act, militant democracy
dcterms.description
Following a complaint to an administrative court by two judges, the Prime Minister used the self-revision procedure and revoked his countersignature of the Presi-dent’s official act. This is a true precedent in the history of Polish constitutionalism. Yet, the permissibility of judicial review of presidential acts performed in individual cases should not give rise to any doubts. This is because such acts are subject to the general control regime set forth in the Act of 30 August 2002 – Law on Proceed-ings before Administrative Courts. What we can learn from other judicial systems indicates that the acts of central executive authorities are not, with some exceptions, exempt from such supervision. An analysis of the judicial decisions of, for instance, the Supreme Administrative Court of the Czech Republic, which recognises its jurisdiction over appointments of judges serves as a convincing example.
dcterms.contributor
Kmieciak
dcterms.date
12/2024
dcterms.type
Text
dcterms.format
text/html
dcterms.identifier
https://repozytorium.kozminski.edu.pl/en/pub/7484
dcterms.abstract
Following a complaint to an administrative court by two judges, the Prime Minister used the self-revision procedure and revoked his countersignature of the Presi-dent’s official act. This is a true precedent in the history of Polish constitutionalism. Yet, the permissibility of judicial review of presidential acts performed in individual cases should not give rise to any doubts. This is because such acts are subject to the general control regime set forth in the Act of 30 August 2002 – Law on Proceed-ings before Administrative Courts. What we can learn from other judicial systems indicates that the acts of central executive authorities are not, with some exceptions, exempt from such supervision. An analysis of the judicial decisions of, for instance, the Supreme Administrative Court of the Czech Republic, which recognises its jurisdiction over appointments of judges serves as a convincing example.
dcterms.language
en
dcterms.modified
2025-01-20T16:49+01:00