Sankcje w postaci kar pieniężnych
Over the several decades of her scientific activity, Professor Teresa Rabska played an outstanding role in the formation of Polish administrative law, particularly during the political and economic transformations of the late 1980s, when Prof. Rabska was actively involved in the field. Within publi...
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| Format: | Article |
| Language: | English |
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Adam Mickiewicz University, Poznan
2023-12-01
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| Series: | Studia Prawa Publicznego |
| Subjects: | |
| Online Access: | https://pressto.amu.edu.pl/index.php/spp/article/view/40430 |
| _version_ | 1797390264885575680 |
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| author | Marek Wierzbowski Agnieszka Żywicka |
| author_facet | Marek Wierzbowski Agnieszka Żywicka |
| author_sort | Marek Wierzbowski |
| collection | DOAJ |
| description |
Over the several decades of her scientific activity, Professor Teresa Rabska played an outstanding role in the formation of Polish administrative law, particularly during the political and economic transformations of the late 1980s, when Prof. Rabska was actively involved in the field. Within public economic law, the role of the state and its tools for influencing the economy have evolved fundamentally. In this area, the administrative sanctions with which administrative bodies were equipped have developed profoundly and taken on an important function. Undoubtedly, the European Union plays a significant role in the development of administrative penalties. Penalties are imposed in the form of administrative decisions, issued according to procedures governed by the Code of Administrative Procedure. This Code and other laws enumerate the prerequisites for assessing a penalty. Among these, the omission of the element of guilt must be a cause for concern. Consequently, particularly in the case of penalties imposed on individuals, the penalty may be imposed on a person to whom no fault can be attributed in the violation of the law that caused the punishment. The system of fines thus arouses great dissatisfaction among market participants. An analysis of the system of administrative penalties in Poland raises the issue of harmonizing solutions on the scale of the European Union, as it is expected that penalties should be of similar size in all member states. However, the statutory enshrinement of high penalties in the current legislation does not prejudge the practice of imposing them. Given the smaller revenues generated in Poland, the penalties imposed should be proportionately lower. Moreover, the law does not categorically require the imposition of high penalties. The legislation often uses the word “may,” from which some people draw conclusions about the imposition of penalties under administrative discretion, which is not legitimate.
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| first_indexed | 2024-03-08T23:09:11Z |
| format | Article |
| id | doaj.art-24b8d6185a424dadafe77f94ecddc009 |
| institution | Directory Open Access Journal |
| issn | 2300-3936 2720-2445 |
| language | English |
| last_indexed | 2024-03-08T23:09:11Z |
| publishDate | 2023-12-01 |
| publisher | Adam Mickiewicz University, Poznan |
| record_format | Article |
| series | Studia Prawa Publicznego |
| spelling | doaj.art-24b8d6185a424dadafe77f94ecddc0092023-12-15T07:58:11ZengAdam Mickiewicz University, PoznanStudia Prawa Publicznego2300-39362720-24452023-12-014 (44)10.14746/spp.2023.4.44.2Sankcje w postaci kar pieniężnychMarek Wierzbowski0https://orcid.org/0000-0002-4980-0557Agnieszka Żywicka1https://orcid.org/0000-0002-5789-8355University of Warsaw Jan Kochanowski University Over the several decades of her scientific activity, Professor Teresa Rabska played an outstanding role in the formation of Polish administrative law, particularly during the political and economic transformations of the late 1980s, when Prof. Rabska was actively involved in the field. Within public economic law, the role of the state and its tools for influencing the economy have evolved fundamentally. In this area, the administrative sanctions with which administrative bodies were equipped have developed profoundly and taken on an important function. Undoubtedly, the European Union plays a significant role in the development of administrative penalties. Penalties are imposed in the form of administrative decisions, issued according to procedures governed by the Code of Administrative Procedure. This Code and other laws enumerate the prerequisites for assessing a penalty. Among these, the omission of the element of guilt must be a cause for concern. Consequently, particularly in the case of penalties imposed on individuals, the penalty may be imposed on a person to whom no fault can be attributed in the violation of the law that caused the punishment. The system of fines thus arouses great dissatisfaction among market participants. An analysis of the system of administrative penalties in Poland raises the issue of harmonizing solutions on the scale of the European Union, as it is expected that penalties should be of similar size in all member states. However, the statutory enshrinement of high penalties in the current legislation does not prejudge the practice of imposing them. Given the smaller revenues generated in Poland, the penalties imposed should be proportionately lower. Moreover, the law does not categorically require the imposition of high penalties. The legislation often uses the word “may,” from which some people draw conclusions about the imposition of penalties under administrative discretion, which is not legitimate. https://pressto.amu.edu.pl/index.php/spp/article/view/40430discretionadministrative lawfinancial administrative penalties |
| spellingShingle | Marek Wierzbowski Agnieszka Żywicka Sankcje w postaci kar pieniężnych Studia Prawa Publicznego discretion administrative law financial administrative penalties |
| title | Sankcje w postaci kar pieniężnych |
| title_full | Sankcje w postaci kar pieniężnych |
| title_fullStr | Sankcje w postaci kar pieniężnych |
| title_full_unstemmed | Sankcje w postaci kar pieniężnych |
| title_short | Sankcje w postaci kar pieniężnych |
| title_sort | sankcje w postaci kar pienieznych |
| topic | discretion administrative law financial administrative penalties |
| url | https://pressto.amu.edu.pl/index.php/spp/article/view/40430 |
| work_keys_str_mv | AT marekwierzbowski sankcjewpostacikarpienieznych AT agnieszkazywicka sankcjewpostacikarpienieznych |