出版社:Law Department of the Bucharest University of Economic Studies
摘要:In 2017 the Polish Code of Administrative Procedure was amended. As a result of
the introduced changes, regulations regarding public participation in dealing with
individual cases subject to settlement by way of decision were significantly extended. As a
general rule, the authorities have been obliged to strive for amicable settlement of disputes
whose nature allows it. In order to implement the above principle, apart from the institution
of amicable agreement already applicable in Polish system, the possibility of conducting
mediation between the parties to the proceedings, as well as between the party and the
authority was introduced. Such solution is already applied in some legal orders and is
gaining more and more importance in the countries of the EU. The objective of these
regulations was to extend public participation in the administrative governance. The article
presents an analysis and evaluation of solutions adopted in Polish law in the context of
general and universal problems of purposefulness, scope and forms of public participation
in authoritative resolution of disputes, which as a rule is the domain of the state.
关键词:administrative procedure; public participation; mediation; Polish legal
system;