On the borderline between public economic law and administrative law

Vol. 329 (2019)

Legal regulations concerning termination of administrative promise

Pages: 445-457

PDF (Język Polski)

Abstract

The subject of the article is the analysis of legal regulations relating to circumstances resulting in the termination of administrative promise without implementation of the subject of the promise. The article proposes to distinguish the following reasons for termination of administrative prom-ise: expiry of the period of validity of the promise, refusal to issue the promised act during the period of validity of the promise, failure to meet the conditions set out in the promise, and withdrawal of the promise. The applicable legal acts in the area of the discussed issues do not contain a uniform normative model. The issue of termination of binding of the body by a promise issued without the issue of a promised act is important, in particular from the point of view of the guarantee function of the administrative promise and the principle of building trust in the administration. An important element of the normative construction of a promise should be the limitation of situations leading to cessation of binding of the body by the promise issued without the implementation of its subject.