Sądownictwo administracyjne II RP a pruski model sądownictwa administracyjnego

Tarnowska, Anna

doi:10.18778/7171-955-8.25

Cited by 11 publications

(1 citation statement)

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“…The administrative judiciary was introduced in 1872 and extended later to all Prussian provinces, based on the law on general administration of the country of July 30, 1883 and the new act on the competence of administrative and judicialadministrative authorities of August 1, 1883. The organization of provincial administrative courts remained unchanged in the former German (Prussian) partition of Poland after the First World War (Tarnowska, 2006) but the organization of higher court followed the regulation of Austrian Administrative Tribunal (Verwaltungsgerichtshof). This is important because the latter focused on the protection of individual rights while the German courts were mainly focused on legal control of administrative action.…”

Section: Legal Traditionmentioning

confidence: 99%

Path dependence in administrative adjudication: the role played by legal tradition

Stachowiak-Kudła

Kudła

2021

Const Polit Econ

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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 that judicial decision making is a function of path dependency stemming from a legal tradition of the court. To confirm this, logistic regression is applied to a sample of 337 erroneous excise duty documentation cases of heating oil sales from all sixteen provincial administrative courts in Poland. Increasing the specialization of judges and having them exchange experiences may be a remedy for the unjustified adjudication differences.

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Section: Legal Traditionmentioning

confidence: 99%

Path dependence in administrative adjudication: the role played by legal tradition

Stachowiak-Kudła

Kudła

2021

Const Polit Econ

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Kariera zawodowa sędziów austriackiego Trybunału Administracyjnego w II Rzeczypospolitej Polskiej

Dziadzio¹

2015

Misc. Hist. - Iurid.

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Z dziejów sądownictwa administracyjnego na Górnym Śląsku w czasach II Rzeczypospolitej. Sprawa Józefa Kormana przeciwko Dyrekcji Policji w Katowicach

Mikołajczyk,

Nancka

2023

Misc Hist -Iurid

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The article aims to show the practice of the Voivodship Administrative Court in Katowice, operating during the Second Polish Republic, which – in a broader context – will allow for an assessment of its activity. The Voivodship Administrative Court in Katowice, which was established only in 1922 after the annexation of part of Upper Silesia into the Republic of Poland, has not yet been subjected to a comprehensive analysis. Research into its operation is not facilitated by the small number of surviving files, which were heavily depleted in the process of disposal. The preserved case files, which are very few in number, provide insight into the course and results of disputes adjudicated before the Voivodship Administrative Court. One of them is the case of Józef Korman v. the Police Directorate in Katowice, which is the subject of this study. It is an interesting case study for a number of reasons. This is primarily because it was one of the few cases heard before the Highest Administrative Tribunal in Warsaw as a result of an appeal filed against the judgment of the Voivodship Administrative Court in Katowice. The study is based on the case files preserved in the State Archive in Katowice, sources of law of that time and specialist literature. The article uses a historical-legal methodology.

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Sądownictwo administracyjne II RP a pruski model sądownictwa administracyjnego

Cited by 11 publications

References 0 publications

Path dependence in administrative adjudication: the role played by legal tradition

Path dependence in administrative adjudication: the role played by legal tradition

Kariera zawodowa sędziów austriackiego Trybunału Administracyjnego w II Rzeczypospolitej Polskiej

Z dziejów sądownictwa administracyjnego na Górnym Śląsku w czasach II Rzeczypospolitej. Sprawa Józefa Kormana przeciwko Dyrekcji Policji w Katowicach

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