Czynności techniczno-procesowe w koncepcji prawnych form działania administracji publicznej

Abstract

Technical actsin the concept of legal formsof public administration

This article focuses on a difficult and complex matter relating to technical acts which are used by public administration. This is very important as administration interferes in almost all spheres of human life, including sensitive issues. The issue of technical acts raises a great deal of controversy as the existing regulations are rather fragmentary. Moreover, they are often overlooked in the literature, which concentrates mostly on administrative decisions. Technical acts, similarly to real acts, create legal effects. In every administrative proceeding a countless number of technical acts is encountered, such as: reports, notices, delivery of decisions, summons. Technical acts are sometimes confused with the real acts. However, there is no doubt that technical acts are legal forms of public administration. But unlike real acts, the technical acts are supplementary and subsidiary. They exist only in the sphere of administrative proceedings. Beyond the administrative proceedings technical acts cannot create legal effects. That is why there are no legal grounds to challenge technical acts to administrative court. According to the Act on the Proceedings before Administrative Courts, an individual has a right to challenge real acts to the Voivodship Administrative Court. This procedure allows an individual to challenge illegitimate real acts, but not the technical acts. As their name suggests, they are only “technical” and they do not have the power to authoritatively change the legal situation of an individual.