Subject and Keywords:
explanatory statement of the normative act ; right to good administration ; administration’s legislation ; principle of a democratic state ruled by law ; legal protection against administrative legislation ; judicial control of administration
Right to good administration means that the authorities should be subordinated to the law and individuals have a right to initiate a judicial review of the administration. Executive authorities are, by definition, appointed to execute law (application of the law). But we must remember that administrative bodies can also introduce legislation (create law). From the perspective of individual rights protection, this sphere of administration activities is just as important, or perhaps even more important than administrative law execution in individual cases. Very important are both to the means of protection: against unlawful law application by administration and legal remedies protecting against unlawful administrative lawmaking. Therefore, not only the procedure of administrative application of law should be regulated, but also the procedure of administrative lawmaking. The protection of individual rights from unlawful administrative lawmaking is not appropriately guaranteed in Poland. One of its most important reasons is regulation limiting the right to file a complaint against an enactment of local law, depending on the proof of the breach of the claimant’s legal interest.