Krytyka Prawa. Niezależne Studia nad Prawem

Administration – Regulatory or Mediating?

Smarż, Joanna

Kazimierz Pułaski University of Technology and Humanities in Radom

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Abstract

Mediation in the administrative procedure is a new institution that provides a chance for an improved perception of public administration, yet it also gives rise to a range of doubts. The latter spring chiefly, though not solely, from the nature of administrative control. The principles of the rule of law, objective law, and voluntary mediation, which may be taken an improper advantage of, contrary to the legislator’s intentions, are also identified as barriers.
Analysis of the issue implies that administrative proceedings leave room for mediation. Whether it will fulfil expectations, however, largely depends on the attitudes of parties and administrative authorities, or their employees, to be precise, for whom mediation is undoubtedly both a processual and mental challenge.
The introduction of mediation to the Code of Administrative Procedure is to be applauded, mainly from the perspective of inducing citizens’ trust in public authorities. Mediation may also prove an effective instrument of eliminating conflicts in administration and thus contribute to reducing the caseload to be heard by administrative courts.
It is important, though, for this opportunity to be taken proper advantage of and for the transformation of administration from controlling to mediating and more friendly to subjects administered to continue. This is a trend that deserves to be followed not only in Polish but also other legislations.

Metadata

Journal Krytyka Prawa. Niezależne Studia nad Prawem 
Volume 13 
Issue 3 
Issue date 10/2021 
Type Article 
Language en
Pagination 276-294
DOI 10.7206/kp.2080-1084.485
ISSN 2080-1084
eISSN 2450-7938