EUROPEAN ADMINISTRATIVE COOPERATION. REMARKS ON POLISH PROCEDURAL PROVISIONS

ISBN: 978-83-7627-178-1

143 stron
format: B5
oprawa: miękka
Rok wydania: 2019

The transnational character of the European Union law, the greater social mobility and the complex, international, personal and capital connections between the entities performing business activity make the administrative proceedings with cross-border elements appear increasingly frequent in the legal "environment" which consists of the activity of Polish public administration authorities.On the 1st June 2017 Polish Code of Administrative Procedure was amended. Amongst several modest and novel procedural institutions the general rules on European cooperation were enacted. From then on discussion amongst scholars "flourish"- especially it was the case whether such a provision should be introduced to Code, yet only few Authors recognized the practical aspect of new provisions.European Administrative Cooperation - remarks on Polish procedural provisions not only illuminates the legal framework for mutual assistance within territorial scope of EU from Polish perspective but also serves as general "guide" on this matter dedicated for both foreign authorities and legal professionals.

SPIS TREŚCI

AbbreviationisIntroductionChapter 1Introduction to Polish Administrative Law and Administrative Procedure1. The basic rules of political and legal system of Poland2. Public administration in Poland2.1. General information2.2. Public administration authorities from the perspective of the Polish political system2.2.1. The authorities of governmental administration2.2.2. The authorities of units of self-government 2.3. Public administration authorities in the functional meaning 3. Administrative procedures in Poland 3.1. History - few remarks on place of Polish theory of administrative process in European perspective 3.2. Taxonomy of administrative procedures - general information3.3. Administrative procedures in Poland Chapter 2Administrative Cooperation - general remarks 1. Introduction2. Administrative cooperation: origins2.1. Principle of effectiveness in European Union law2.2. Decentralized model of European Union law enforcement2.3. Procedural autonomy2.4. Phenomenon of administrative jurisdiction replication3. Objectives and functions of European administrative cooperation4. European administrative cooperation in European Union lawChapter 3European administrative cooperation in the Polish Code of Administrative Procedure1. Introduction2. Functions of the provisions of division VIIIa CAP3. Code regulation method applied in division VIIIa CAP4. Scope of application of division VIIIa CAP4.1. General remarks 4.2. Source of obligation of cooperation4.3. Character of procedure during which the necessity to establish cooperation has appeared4.4. Temporal scope of the application of the provisions of division VIIIa CAP5. Exclusion of the application of division VIIIa5.1. General information5.2. A "cascade" of provisions governing the course of European administrative cooperation 6. Application to the European Economic Area7. Forms (instruments) of the European administrative cooperation7.1. General remarks7.2. Providing assistance as a form of European administrative cooperation7.2.1. Legal assistance consisting in sharing information about the factual and legal circumstances7.2.2. Legal assistance consisting in performing specific procedural actions7.3. Other forms of European administrative cooperation8. Principles of European administrative cooperation 8.1. Principle of necessity8.2. "Impossibilium nulla obligatio est" principle8.3. Principle of proportionality8.4. Prohibition of replacement of the competent authority by the requested authority8.5. Principle of applying procedural law of the requested state in cases not regulated by European Union law8.6. Principle of mutual trust8.7. Principle of due diligence and comprehensiveness8.8. Principle of deformalization and electronic form of communication 8.9. Principle of prompt (rapidity)8.10. Principle of personal data protection9. Electronic communication between authorities9.1. General information9.2. Special situations10. Costs10.1. General information10.2. Principle of bearing own costs of proceedingsChapter 4Proceedings before Polish administrative authority (applicant)1. Authority obliged to provide assistance1.1. Types of authorities obliged to provide assistance1.2. Cooperation between authorities obliged to provide assistance1.3. Authority "competent" to provide assistance1.3.1. General information1.3.2. Submission of a request for assistance to the non-competent authority1.3.3. Scope of application of Polish law in determining the competence of the authority providing assistance1.3.4. Examples of competent authorities in the subject of providing assistance2. Recipient of cooperation act2.1. General information2.2. Horizontal plane - an authority of another Member State as so-called recipient of the cooperation act 2.3. Vertical plane - the European Union administration authority as the so-called recipient of the cooperation act3. Initiation of proceedings in the course of European administrative cooperation 3.1. General information 3.2. Transfer of information in proceedings initiated on request and ex officio4. Formal elements of the request for assistance (catalogue) 5. Language of the request for assistance6. Assessment of the admissibility of the request for assistance 6.1. General information6.2. Remedying formal defects 6.3. Return of the request for assistance 7. Withdrawal of the request for assistance8. Consideration of the request for assistance 9. Time limit for considering the request 10. Obligation to notify the entity concerned with the assistance about providing assistance10.1. General information 10.2. Functions of the notification of assistance10.3. Nature and legal basis for the obligation to notify of the provision of assistance 10.4. Subjective scope of the notification10.5. Objective scope of the notification10.6. Moment of notification 10.7. Legal nature of the notification 10.8. Language of the notification10.9. Form of notification 10.10. Formal elements of the notification 10.11. Appealability 10.12. Exclusion of the obligation to notify11. Legal consequences of failure to provide assistance Chapter 5Proceedings before foreign administrative authority - Member States and European Union perspective1. General remarks2. Legal basis for submission of a request under Article 260c CAP3. Subjective scope of application of Article 260C CAP 4. Objective scope of application of Article 260C CAP 5. Formal requirements of the application for assistance5.1. Sources of law 5.2. Formal elements of a request for assistance (catalogue) 6. Language of the request for assistance 7. Obligation to request assistance and jurisdictional administrative proceedings8. Probative force of a cooperation act 9. Obligation to notify of assistanceSummaryBibliography