The article deals with the issue of administrative authorities’ justification of a failure to meet deadlines for handling cases in general administrative proceedings, tax proceedings and simplified ...complaint proceedings. To that end, the author uses the dogmatic-legal method, performs a critical analysis of the literature on the subject matter and interprets the relevant judgments of administrative courts. The aim of the article is to draw attention to the importance of correct, exhaustive and true justification of the reasons why administrative bodies procrastinate and set new deadlines for handling administrative cases.
The research area has been divided into two main parts, i.e. the analysis of the correct indication of the reasons for a delay and the diagnosis of incorrect justifications for failures to handle cases on time. The author emphasises that the reasons for a failure to deal with an administrative case on time should reflect the facts concerning the case as accurately as possible, especially when a given reason is an element of an evidence-based proceeding. Criticism was levelled at reasons not related to the course of proceedings, such as staffing problems of the authority and the multitude of cases, as well as reasons stated in too general terms, such as the complicated nature of a matter. In conclusion, the author proves that precise indication of reasons for failures to handle a case within the time limits sticks to the principle of striving for objective truth and influences the general assessment of administrative bodies.
The article deals with non-procedural means of social influence, such as complaints, requests and petitions, on the performance of public tasks by public authorities. Complaints, requests and ...petitions belong in Polish law to extra-procedural legal means which discipline bodies and institutions of public authority to perform public tasks in the best possible way. On the other hand, these extra-procedural legal remedies are a tool for civil society capable of becoming active in the social space. In this way, complaints, requests and petitions constitute an important manifestation of social control in a democratic state of law, based on the principles of cooperation between the citizen and the agent of authority. On the one hand, they constitute a kind of cooperation of civil society with the authorities, and on the other hand, they subordinate the directions of the authorities’ actions. The performance of public tasks should, after all, coincide to the highest degree with public expectations. Complainants and petitioners can, through these means, stimulate the activities of public bodies and institutions, and thus influence the spending of public funds. By activating actions of public authorities complaints, requests and petitions become human rights related to freedom, as no one should limit the activity of civil society. On the example of Polish legislation the author explicates these extra-procedural means of supporting civil society initiatives, indicating their importance not only in Polish constitutional and administrative law, but, above all, their general social significance.
The article discusses the issue of priority of jurisdiction proceedings over simplified complaint proceedings in enforcement proceedings in administration. The author notes that allegations included ...in common complaints may be similar to those included in the legal remedies available to the obliged (and other participants) in the enforcement proceedings in administration. At the same time, the author argues that filing a common complaint – instead of an appropriate legal remedy in the enforcement proceedings in administration – does not cause an automatic entitlement on the part of the body with general jurisdiction over complaints to deal with such a complaint outside the pending enforcement proceedings in administration. On the contrary, the regulations in force oblige to handle such a complaint within the framework of pending enforcement proceedings and this usually takes place, given the allegations of the complaint, within the framework of the initiated procedure of the appropriate legal remedy in these proceedings. The author emphasises that the primacy of jurisdiction proceedings means that the consideration and settlement of common complaints containing allegations against the conducted enforcement proceedings by a body of general jurisdiction for common complaints, instead of by an enforcement body (sometimes a supervisory body), should be qualified as consideration of a complaint by a body not competent in the case.
The article discusses the issue of priority of jurisdiction proceedings over simplified complaint proceedings in enforcement proceedings in administration. The author notes that allegations included ...in common complaints may be similar to those included in the legal remedies available to the obliged (and other participants) in the enforcement proceedings in administration. At the same time, the author argues that filing a common complaint – instead of an appropriate legal remedy in the enforcement proceedings in administration – does not cause an automatic entitlement on the part of the body with general jurisdiction over complaints to deal with such a complaint outside the pending enforcement proceedings in administration. On the contrary, the regulations in force oblige to handle such a complaint within the framework of pending enforcement proceedings and this usually takes place, given the allegations of the complaint, within the framework of the initiated procedure of the appropriate legal remedy in these proceedings. The author emphasises that the primacy of jurisdiction proceedings means that the consideration and settlement of common complaints containing allegations against the conducted enforcement proceedings by a body of general jurisdiction for common complaints, instead of by an enforcement body (sometimes a supervisory body), should be qualified as consideration of a complaint by a body not competent in the case.
The article concerns the issue of the compulsory nature of signatures affixed under complaints, motions and petitions. The author notices that in the light of the literal interpretation of binding ...legal standards, apart from complaints and motions filed orally for the record, complaints, motions and petitions lodged both by means of electronic communication and in a traditional way do not require the signature of the claimant (person acting on behalf of the claimant). The author indicates that regulations concerning complaints, motions and petitions do not provide for the possibility of summoning the claimant to affix a missing signature, and do not give obvious (unquestioned) grounds to apply in such a case to motions and summons auxiliary regulations applicable to general administrative proceedings, in which a signature is obligatory. It is possible only in the case of following systematic and purposive interpretation. Finally, the author emphasises that regulations concerning petitions cannot determine the status of the claimant due to the manner of submission.
This paper shows that corruption constitutes a threat to the rule of law in a democratic law-observing state, destroying it from within and ridiculing it outside. It destabilises social relations in ...such a state, which adversely affects the political system as well as the development of legislation and economy. The paper also reminds that corruption erodes social relations, causing demoralisation and slackening of morals in society. Corruption may also be a threat to the life, health and property of citizens. The author tracks views about corruption using the method of theoretical analysis of the notions (critical analysis of secondary sources); the statistical method, mainly analysing the latest Corruption Perceptions Index (2019); and the dogmatic-legal method. He concludes that corruption destabilises multiple areas of the functioning of a democratic law-observing state, disrupting the political space, spoiling the law, and causing destructive phenomena in the economic as well as in the moral sphere. It ultimately destabilises state structures, rendering them dysfunctional and perverting the principles of democracy. Corruption interacts with legality acting as a feedback loop, as it destroys the rule of law and democracy, which in turn deepens corruptive phenomena.
Corruption poses a serious threat to the internal security of the state as it destabilises social relations and has a deleterious effect on the political system, negatively affecting legislation and ...the economy in particular. Corruption, as a phenomenon which erodes social relations, also results in demoralisation and the slackening of morals in society, which is an important substrate of the state. As a multi-dimensional phenomenon, corruption poses a threat to social relations within states and to their internal security both in the broad sense – as a threat to the instruments of the state, and in the narrow sense – threatening the lives, health and property of citizens. Corruption destabilises multiple areas of the functioning of the state, damages the political sphere, in particular in the case of unclear party financing rules and illicit lobbying. It also results in faulty laws and provisions being introduced (or not introduced) which favour the few. Corruption also involves destructive economic phenomena, especially in the case of large public projects and tax-related crimes. Morally, it constitutes treason. It ultimately destabilises state structures, rendering them dysfunctional and inefficient, and perverting the fundamental principles of democracy.
The objective of the article is to prove the significance of law for internal security in a state of law. Control is a multifaceted phenomenon which – through specialised entities, specificity of ...tools and well developed system – safeguards multi-type internal security – both in the public and universal sense. Efficient control system in a state guarantees security and public order, and prevents technical catastrophes and natural disasters. Internal security of a state constitutes a multipole phenomenon because the state’s environment is connected with numerous planes of public duties. Therefore, we can distinguish, for example: political, administrative, economic, ecological, agricultural, food, sanitary, financial, social and cultural security. Regardless of the type of internal security, the maintenance and increase in such security requires a number of actions to be taken by the state. The instruments used for building internal security in a state include control and control system, composed of personal, material and normative components. In this sense, control must be understood as definition of the status quo and the required state, specified by appropriate standards and rules of procedure, and as their comparison and juxtaposition, and finally as detecting the reasons of such differences and presenting recommendations for elimination of irregularities. The author analyses the significance of control for internal security in a state by following scientific views on such topics, and applies in this scope the method of critical analysis of scientific sources. This method is enriched with the analysis of statistical data concerning different areas of control in a state, which is connected with the application of the empirical statistical method. Additionally, the author also uses the dogmatic and legal method, and analyses the provisions of legal acts related to exercising control in a state of law. The author proves that control is an indispensable element of internal security in an efficiently governed state of law which follows the principles of social justice. The multitude of types of control and the manner of its exercise harmonise with the types of internal security significant for a state of law. Internal security in a state is guaranteed by a system of control, which is composed both of personal and material components.
The purpose of the article is to confirm the relevance of isolation of the third-generation human rights and to indicate the need for action at international level in order to enforce such rights of ...a collective nature. Analysing the selected third-generation human rights the author draws attention to the fact that some of the third-generation rights are violated in practice and hence indispensable are measures of an international nature that aim at reinforcement of protection of these rights.
The objective of the article is to indicate that names and surnames are essential elements of personal security. The security which is subjectively determined by both environmental (intentional and ...non-intentional), and internal (emotional, spiritual, psychological and mystical) factors. Through the analysis of individual cases the author tries to prove that the choice of name as well as the change of name or surname are determined not only by environmental factors (such as good associations and the need for acceptance) but also by strictly internal ones (such as religious or family aspects, or the need for respect). 2. Introduction Security is an overriding human need and as such determines other human needs and motives for actions taken. It occurs not only in a negative form, manifested by a lack of threats which determines normal social development in accordance with principles of social coexistence, but also in a positive form, which in turn is manifested by the ability to develop optimum developmental conditions which ensure the fulfillment of a wide scope of social needs. Today’s understanding of security, apart from the objective dimension, must respect the subjective measure, which implies the notion of personal security, the level of which depends on environmental factors (both intentional and non-intentional ones) and internal factors, including spiritual, psychological, emotional, intuitive, health and mystical ones. Names and surnames become one of the indicators and elements of personal security. 3. Methodology The author identifies names and surnames as elements of personal security, following views about it, and in this scope applies the intuitive method. It is also necessary to analyse individual legal acts relating to the giving of names and the changing of names or surnames, and to this end the author uses the formal and legal method. All conclusions are based to a great extent on the author’s own research conducted for the years 2012‒2015, which in turn is connected with the use of both the survey method and the interview method, as well as the statistical method. The surveys conducted concern the motives for naming children by parents, and the interviews were carried out in 84 registry offices in Poland (in the largest cities in Poland, according to the number of population). 4. Conclusions The author proves that names and surnames are an important indicator and element of personal security. The process of giving names and changing names and surnames is related to the subjective understanding of security. He concludes that both environmental factors (intentional and non-intentional) and strictly internal ones (spiritual, emotional and mystical) have a significant influence on the decisions to choose or change a name or surname. The factors often occur at the same time and constitute a specific kind of implication of interrelated causes.
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