The administrative monetary penalty in the general administrative procedure – legal analysis

Abstract

This article refers to the latest regulation covering the administrative monetary penalty under the Code of Administrative Proceeding. The author presents an evolution of the idea of this sanction in the Constitutional Tribunal case-law and analyses whether the legislator has taken into account the suggestions of judicature and doctrine in which a new regulation concerning the shape of this sanction and the principles of its imposition. The analysis is conducted by examining selected elements of the administrative monetary penalty in the Constitutional Tribunal and administrative courts case-law. The author also interprets an adopted solution from criminal law. The final part of the article contains de lege ferenda conclusions and a summary of performed analysis.