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Administrative Appeals In Romania And Poland– A Topical Comparative Perspective

Author

Listed:
  • Dacian C. DRAGOS

    () (PhD, Jean Monnet Associate Professor, Public Administration Department, Babes Bolyai University, 71 T. Mosoiu str., 400132 ClujNapoca, ROMANIA,)

  • Mariusz SWORA

    (PhD, Assistant Professor at the Faculty of Law and Administration, Jagiellonian University,Cracow, POLAND)

  • Andrzej SKOCZYLAS

    (PhD, Professor, Adam Mickiewicz University in Poznañ, POLAND)

Abstract

There are two major systems of administrative appeals – mandatory and optional. The first one, adopted by the large majority of legal systems (among which the German, Austrian and Dutch ones) precludes an action to a court in the absence of a prior administrative appeal. The second one (recours administratif), promoted by the French legal system and those inspired by it, attaches certain effects to the exercise of the administrative appeal (prorogation of the statute of limitations for filing an action with the courts), without making it mandatory. Administrative appeals always have been considered an affordable tool for alternative dispute resolution in administrative matters, and a way of reducing the burden of litigation on the courts. Nevertheless, the two systems of administrative appeals have fueled debates concerning their effectiveness, access to justice, promotion of good governance principles and accountability, their relationship with mediation. The relation with the judicial review is of critical significance, both in terms of justice administration (the number of cases that reach the courts in different systems of administrative appeals) and judicial proceedings. The conditionality between mandatory administrative appeals and judicial review also raises questions about access to justice. The present article endeavors to make an embryonic analysis of the issues related to this topic, in a comparative perspective. The research conducted is a first step for more in-depth considerations about the Romanian and Polish legal systems.

Suggested Citation

  • Dacian C. DRAGOS & Mariusz SWORA & Andrzej SKOCZYLAS, 2012. "Administrative Appeals In Romania And Poland– A Topical Comparative Perspective," Curentul Juridic, The Juridical Current, Le Courant Juridique, Petru Maior University, Faculty of Economics Law and Administrative Sciences and Pro Iure Foundation, vol. 51, pages 21-34, December.
  • Handle: RePEc:pmu:cjurid:v:51:y:2012:p:21-34
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    More about this item

    Keywords

    administrative appeals; mandatory administrative appeal; optional administrative appeal; Romanian administrative appeal; Poland administrative appeal.;

    JEL classification:

    • K23 - Law and Economics - - Regulation and Business Law - - - Regulated Industries and Administrative Law
    • K41 - Law and Economics - - Legal Procedure, the Legal System, and Illegal Behavior - - - Litigation Process

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