Reflective rights as a source of legal interest

Abstract

The subject of the article is the issue of reflective rights as a source of legal interest. This concept is relatively new in the science and practice of administrative law, and despite the jurisprudence referring to it, it raises many controversies. They concern its elements, as well as its usefulness and legitimacy. In view of the importance of the issue, which manifests itself, among other things, in making obtaining the status of a party to administrative proceedings dependent on having a legal interest, this situation is undesirable. The aim of the article is to introduce the concept of reflexive rights as a source of legal interest, which is served by a review of the positions presented in the doctrine and the latest case law. The analysis leads to the conclusion that despite the inaccuracies in the understanding of the concept of reflective rights, their recognition is justified and allows to secure the legal interest of persons whose rights or obligations will not be directly settled in the decision ending the proceedings, but their legal sphere will be affected by it.