The Hidden Dimension of the Protection Granted as a Result of Filing a Complaint with an Administrative Court (Reflections on the Act of Withdrawal of Countersignature by the Prime Minister
Following a complaint to an administrative court by two judges, the Prime Minister used the self-revision procedure and revoked his countersignature of the Presi-dent’s official act. This is a true precedent in the history of Polish constitutionalism. Yet, the permissibility of judicial review of pr...
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Kozminski University
2024-12-01
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| Series: | Krytyka Prawa |
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| Online Access: | https://journals.kozminski.edu.pl/pl/system/files/KRYTYKA%20PRAWA%204_2024%20Zbigniew%20Kmieciak%20EN.pdf |
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| author | Zbigniew Kmieciak |
| author_facet | Zbigniew Kmieciak |
| author_sort | Zbigniew Kmieciak |
| collection | DOAJ |
| description | Following a complaint to an administrative court by two judges, the Prime Minister used the self-revision procedure and revoked his countersignature of the Presi-dent’s official act. This is a true precedent in the history of Polish constitutionalism. Yet, the permissibility of judicial review of presidential acts performed in individual cases should not give rise to any doubts. This is because such acts are subject to the general control regime set forth in the Act of 30 August 2002 – Law on Proceed-ings before Administrative Courts. What we can learn from other judicial systems indicates that the acts of central executive authorities are not, with some exceptions, exempt from such supervision. An analysis of the judicial decisions of, for instance, the Supreme Administrative Court of the Czech Republic, which recognises its jurisdiction over appointments of judges serves as a convincing example. |
| format | Article |
| id | doaj-art-61a914ff07894f50aa9ed6f04589ee5b |
| institution | DOAJ |
| issn | 2080-1084 2450-7938 |
| language | deu |
| publishDate | 2024-12-01 |
| publisher | Kozminski University |
| record_format | Article |
| series | Krytyka Prawa |
| spelling | doaj-art-61a914ff07894f50aa9ed6f04589ee5b2025-08-20T03:01:38ZdeuKozminski UniversityKrytyka Prawa2080-10842450-79382024-12-0116424926610.7206/kp.2080-1084.732The Hidden Dimension of the Protection Granted as a Result of Filing a Complaint with an Administrative Court (Reflections on the Act of Withdrawal of Countersignature by the Prime MinisterZbigniew Kmieciak0https://orcid.org/0000-0002-1297-4940University of LodzFollowing a complaint to an administrative court by two judges, the Prime Minister used the self-revision procedure and revoked his countersignature of the Presi-dent’s official act. This is a true precedent in the history of Polish constitutionalism. Yet, the permissibility of judicial review of presidential acts performed in individual cases should not give rise to any doubts. This is because such acts are subject to the general control regime set forth in the Act of 30 August 2002 – Law on Proceed-ings before Administrative Courts. What we can learn from other judicial systems indicates that the acts of central executive authorities are not, with some exceptions, exempt from such supervision. An analysis of the judicial decisions of, for instance, the Supreme Administrative Court of the Czech Republic, which recognises its jurisdiction over appointments of judges serves as a convincing example.https://journals.kozminski.edu.pl/pl/system/files/KRYTYKA%20PRAWA%204_2024%20Zbigniew%20Kmieciak%20EN.pdfadministrative courtcomplaintself-revision of administrationcountersignature of presidential actmilitant democracy |
| spellingShingle | Zbigniew Kmieciak The Hidden Dimension of the Protection Granted as a Result of Filing a Complaint with an Administrative Court (Reflections on the Act of Withdrawal of Countersignature by the Prime Minister Krytyka Prawa administrative court complaint self-revision of administration countersignature of presidential act militant democracy |
| title | The Hidden Dimension of the Protection Granted as a Result of Filing a Complaint with an Administrative Court (Reflections on the Act of Withdrawal of Countersignature by the Prime Minister |
| title_full | The Hidden Dimension of the Protection Granted as a Result of Filing a Complaint with an Administrative Court (Reflections on the Act of Withdrawal of Countersignature by the Prime Minister |
| title_fullStr | The Hidden Dimension of the Protection Granted as a Result of Filing a Complaint with an Administrative Court (Reflections on the Act of Withdrawal of Countersignature by the Prime Minister |
| title_full_unstemmed | The Hidden Dimension of the Protection Granted as a Result of Filing a Complaint with an Administrative Court (Reflections on the Act of Withdrawal of Countersignature by the Prime Minister |
| title_short | The Hidden Dimension of the Protection Granted as a Result of Filing a Complaint with an Administrative Court (Reflections on the Act of Withdrawal of Countersignature by the Prime Minister |
| title_sort | hidden dimension of the protection granted as a result of filing a complaint with an administrative court reflections on the act of withdrawal of countersignature by the prime minister |
| topic | administrative court complaint self-revision of administration countersignature of presidential act militant democracy |
| url | https://journals.kozminski.edu.pl/pl/system/files/KRYTYKA%20PRAWA%204_2024%20Zbigniew%20Kmieciak%20EN.pdf |
| work_keys_str_mv | AT zbigniewkmieciak thehiddendimensionoftheprotectiongrantedasaresultoffilingacomplaintwithanadministrativecourtreflectionsontheactofwithdrawalofcountersignaturebytheprimeminister AT zbigniewkmieciak hiddendimensionoftheprotectiongrantedasaresultoffilingacomplaintwithanadministrativecourtreflectionsontheactofwithdrawalofcountersignaturebytheprimeminister |