Abstract:Based on the theory of path dependence, we show that legal tradition affects the administrative court’s rulings. It also complements the two other reasons for diversified verdicts: the experience of the judges and courts (specialization) and preference (bias) for one of the parties. This effect is persistent even if the verdicts are controversial and result in serious consequences for a party and when the penalty paid by the complainant is perceived as excessive but fulfilling the strict rules of law. We prove… Show more
This article examines the citation practices of the provincial administrative courts in Poland in a sample of judgments issued in the years 2009–2016. The analysis strives to assess the factors affecting the use of other court citations and the prestige of provincial courts manifested in the higher citations of their verdicts. The methods used involve logistic and zero-inflated negative binomial regressions on the set of factors relating to court circuit characteristics, the performance of courts, the features of cases and the efficiency of the administration in a given province. The results indicate that, out of sixteen courts, there is only one provincial administrative court with high prestige. The number of citations is higher for more populated circuits and decreases with the number of employed judges in a court. While small courts cite more they are also more frequently cited than larger ones.
This article examines the citation practices of the provincial administrative courts in Poland in a sample of judgments issued in the years 2009–2016. The analysis strives to assess the factors affecting the use of other court citations and the prestige of provincial courts manifested in the higher citations of their verdicts. The methods used involve logistic and zero-inflated negative binomial regressions on the set of factors relating to court circuit characteristics, the performance of courts, the features of cases and the efficiency of the administration in a given province. The results indicate that, out of sixteen courts, there is only one provincial administrative court with high prestige. The number of citations is higher for more populated circuits and decreases with the number of employed judges in a court. While small courts cite more they are also more frequently cited than larger ones.
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