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Alternative title:

Social interest and rightful interest of an individual on the basis of the Article 7 in fine of the Polish Code of Administrative Proceedings

Subject and Keywords:

social interest   public interest   general principles of the administrative proceedings   Code of Administrative Proceedings

Abstract:

The following article expands on one of the crucial and basic general principles that lead the administrative proceedings, being at the same time a kind of a guideline in interpretation for the whole system of administrative laws. The aforementioned principle, namely “the principle of accommodating public and private legitimate interests” is included in the article 7 in fine of the Code of the Administrative Proceedings. The rule is of great importance for those proceedings that entail a type of discretion which organs of administration legally possess. That is the time when the two interests must be weighed up and the primacy to one of them must be given. The author also tries to distinguish between the interchangeable terms of “public interest” and “social interest” pointing to their semantic use. The issue of collision of the two interests has been also described in the text. Finally, the legal guarantees of adopting that principle have been touched upon.

Place of publishing:

Wrocław

Publisher:

Wydawnictwo Uniwersytetu Wrocławskiego

Date issued:

2017

Date copyrighted:

2016

Identifier:

ISSN 1733-5779   ISSN 0239-6661

DOI:

10.19195/1733-5779.20.2

Source:

PAd 102060 II

Language:

eng   pol

Relation:

Studenckie Prace Prawnicze, Administratywistyczne i Ekonomiczne, ISSN 1733-5779. Nr 20 (2016), s. 25-34

Is version of:

Czasopisma Naukowe w Sieci (CNS)

Rights holder:

Copyright by Wydawnictwo Uniwersytetu Wrocławskiego Sp. z o.o.

Autor opisu:

WR U/PAdbg