Object

Title: Effects of the scope of the judgment of the Constitutional Tribunal of 28 June 2016 for the determination of enforcement fees : analysis of the jurisprudence of administrative courts

PLMET:

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Creator:

Majer, Tomasz

ORCID:

0000-0003-4630-685X

Abstract:

Judgment of the Constitutional Tribunal of 28 June 2016, file ref. act SK 31/14, changed the normative content of, inter alia, art. 64 § 1 point 4 and art. 64 § 6 of the Act of 17 June 1966 on enforcement proceedings in administration, derogating them to the extent that they do not specify the maximum amount of the fee for enforcement activities performed. As a consequence, determining the amount of the enforcement fees has become highly complex. The provisions challenged by the Constitutional Tribunal have not been removed from the legal system. At the same time, the legal system lacks the limit of enforcement fees postulated by the Tribunal. In the jurisprudence of administrative courts, there is a wide spectrum of views on the proper model of applying art. 64 § 1 point 4 of the Act on and art. 64 § 6 of the Act. On the one hand, this fact confirms the complexity of the discussed matter, on the other hand, it indicates the emergence of a state of ‘legal uncertainty.’ This article presents and discusses the basic models of interpretation of the provisions questioned by the Court. At the same time, it was indicated that special attention should be paid to the concept assuming the need to supplement the lack indicated by the Constitutional Tribunal by means of applying inference based on analogy. The source on the basis of which the conclusions from the analogy were made are the provisions of the enforcement act regulating the amount of the property occupation fee. This model ensures the fullest implementation of the guidelines formulated by the Constitutional Tribunal. On the one hand, it protects the interests of the individual, and on the other hand, it does not deprive the enforcement apparatus of financing. At the same time, it introduces a method of adjusting enforcement fees based on predictable, verifiable and repeatable criteria, which meets the requirements of the principle of citizens’ trust in the state.

Place of publishing:

Wrocław

Publisher:

E-Wydawnictwo. Prawnicza i Ekonomiczna Biblioteka Cyfrowa. Wydział Prawa, Administracji i Ekonomii Uniwersytetu Wrocławskiego

Contributor:

Górnicki, Leonard. Red.

Date issued:

2020

Detailed Type:

journal

Identifier:

oai:repozytorium.uni.wroc.pl:123603 ; ISSN 2450-3932

DOI:

10.34616/fiuw.2020.2.204.222

Language:

pol ; eng

WUL Catalog:

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Is referenced by:

www.fiw.prawo.uni.wroc.pl

Replaces:

Folia Iuridica Wratislaviensis

Access rights:

The use of this material is allowed only with accordance of applicable rules of fair use or other exceptions provided by law, and any broader use requires the permission of the authorized entity

License:

Making materials available on the basis of the agreement with the owner of the property copyrights

Rights holder:

Copyright by Wydział Prawa, Administracji i Ekonomii Uniwersytetu Wrocławskiego

Location of original object:

Library of the Faculty of Law, Administration and Economics

Autor opisu:

WR U/PAdal

Object collections:

Last modified:

Jun 15, 2021

In our library since:

Mar 9, 2021

Number of object content hits:

27

Number of object content views in PDF format

27

All available object's versions:

https://repozytorium.uni.wroc.pl/publication/131281

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