Abstract (may include machine translation)
This chapter explores the influence on Polish administrative law of pan-European principles of good administration stemming from the Council of Europe (CoE). It reveals that membership of the CoE can be perceived as an element of the democratization process that has had a direct influence on Poland, especially through the case law of the European Court of Human Rights. It furthermore establishes that Polish administrative law generally follows the CoE standards even if at the same time they are overshadowed by the standards flowing from the EU. In addition, the unwillingness of the Polish courts to refer to non-binding CoE standards of conduct which are not strongly founded in statutory law is another obstacle precluding full reception of the said principles.
Original language | English |
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Title of host publication | Good Administration and the Council of Europe |
Subtitle of host publication | Law, Principles, and Effectiveness |
Publisher | Oxford University Press |
Pages | 478-503 |
Number of pages | 26 |
ISBN (Electronic) | 9780198861539 |
DOIs | |
State | Published - 19 Nov 2020 |
Externally published | Yes |
Keywords
- Administrative justice
- Administrative procedure
- Council of Europe
- European charter of local self-government
- European convention on human rights
- General principles of administrative law
- Moskal case
- Poland
- Polish administrative law