Articles

Vol. 331 (2020)

Legal institutions which guarantee compliance with the law as an unavoidable element of administrative law

Pages: 11-20

pdf (Język Polski)

Abstract

Legal institutions which guarantee that the operations of public administration bodies comply with the law are an unavoidable element of administrative law. In organic law, the regulation of control institutions and the admissibility of applying supervision measures creates guarantees of lawful operation. It is introduced both in the organic regulation of central government administration and in the systemic regulation of local government.
In substantive administrative law, the unavoidability of the regulations of legal institutions which guarantee compliance with the law, as a rule, should be combined with the regulation in administrative procedural law. It is procedural law that regulates sanctions for violation of substantive law. This does not mean that substantive administrative law does not introduce legal institutions to guarantee compliance with the law.
Administrative procedural law creates an extensive system of legal institutions that guarantee the lawful operation of public administration bodies. This applies both to the legal institutions of lawful operation and the legal institutions of the legal consequences of a violation of the law by depriving the binding force of an act setting out the rights or obligations of a party to administrative proceedings.