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Published : 2022-07-05
Vol. 13 No. 45 (2022)

Building the authority of public authority by applying the principle of trust in Art. 8 § 1 of the Code of Administrative Proceedings

Przemysław Zdyb

https://orcid.org/0000-0002-2068-4556

DOI: https://doi.org/10.35765/hp.2325
Section: Vol. 13, No. 45 (2022): The Authority of Political Power

Abstract

RESEARCH OBJECTIVE: The research objective of these considerations is the normative analysis of the principle of trust expressed in Art. 8 § 1 of the c.a.p. in the context of building and strengthening the authority of public bodies.

THE RESEARCH PROBLEM AND METHODS: The basic research problem is to establish the relationship between the implementation of the principle of trust by public administration bodies and its impact on the authority of public authorities. The analysis uses the dogmatic-legal method supplemented with theoretical-legal and historical-legal methods.

THE PROCESS OF ARGUMENTATION: The article first characterizes the principle of trust with its historical evolution and the entities obliged to apply it. The provisions of Art. 8 § 1 c.a.p. along with the achievements of the doctrine and judicature resulting from this background, with particular emphasis on the methods of its implementation, which have been decoded from the principle of trust.

RESEARCH RESULTS: The conducted analysis allows to conclude that the implementation of the principle of trust in accordance with the requirements of a democratic state ruled by law and the principles expressed in the c.a.p. it is a necessary element in building the authority of public authority. The analysis of the rulings of administrative courts confirms the importance of the principle of trust for the entire course of administrative proceedings and the rulings issued within them.

CONCLUSIONS, INNOVATIONS, AND RECOMMENDATIONS: The discussed issues should be assessed as universal and not losing its relevance. Since the breach of the principle of trust affects the authority of public authority, administrative authorities and courts should pay special attention to its observance when verifying and controlling decisions. For this purpose, it is justified to constantly improve the substantive competences and soft skills of employees of the authorities in the field of servicing the parties to the proceedings.

Keywords

the principle of trust ; general principles of administrative procedure ; the Code of Administrative Proceedings ; the authority of public authorities



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