Judicial Review of Discretionary Powers in the Activity of Historical Monuments Protection Bodies in the Polish Legal System
The sovereign nature of the forms of operation of cultural heritage protection authorities, the polarization between the individual interest and the public interest, discretion margin in the activities of the authorities – all these elements create a kind of “explosive mixture”, which is the source...
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| Format: | Article |
| Language: | English |
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Sciendo
2019-06-01
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| Series: | Baltic Journal of Law & Politics |
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| Online Access: | https://doi.org/10.2478/bjlp-2019-0004 |
| _version_ | 1818729038544371712 |
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| author | Parchomiuk Jerzy |
| author_facet | Parchomiuk Jerzy |
| author_sort | Parchomiuk Jerzy |
| collection | DOAJ |
| description | The sovereign nature of the forms of operation of cultural heritage protection authorities, the polarization between the individual interest and the public interest, discretion margin in the activities of the authorities – all these elements create a kind of “explosive mixture”, which is the source of the legal disputes between the owners of historical monuments and historical monuments protection bodies. The key element of the guarantee of individual freedom is the judicial review of public administration. Therefore, it is a matter of dispute to which extent the public administration is subject to judicial review when performing the tasks entrusted. The aim of this article is to show how Polish administrative courts approach the problem. What methodology of the review of discretion margin do they use? How do they solve the dilemma: who makes the final decision – the body or the court? Do they retain judicial self-restraint or are they ready and willing to interfere in the merits of the decision? |
| first_indexed | 2024-12-17T22:39:32Z |
| format | Article |
| id | doaj.art-47173f3d762140c387f1724e76e484ae |
| institution | Directory Open Access Journal |
| issn | 2029-0454 |
| language | English |
| last_indexed | 2024-12-17T22:39:32Z |
| publishDate | 2019-06-01 |
| publisher | Sciendo |
| record_format | Article |
| series | Baltic Journal of Law & Politics |
| spelling | doaj.art-47173f3d762140c387f1724e76e484ae2022-12-21T21:30:00ZengSciendoBaltic Journal of Law & Politics2029-04542019-06-011218711410.2478/bjlp-2019-0004bjlp-2019-0004Judicial Review of Discretionary Powers in the Activity of Historical Monuments Protection Bodies in the Polish Legal SystemParchomiuk Jerzy0Assistant Professor, Ph.D., John Paul II Catholic University of Lublin, Faculty of Law (Poland)The sovereign nature of the forms of operation of cultural heritage protection authorities, the polarization between the individual interest and the public interest, discretion margin in the activities of the authorities – all these elements create a kind of “explosive mixture”, which is the source of the legal disputes between the owners of historical monuments and historical monuments protection bodies. The key element of the guarantee of individual freedom is the judicial review of public administration. Therefore, it is a matter of dispute to which extent the public administration is subject to judicial review when performing the tasks entrusted. The aim of this article is to show how Polish administrative courts approach the problem. What methodology of the review of discretion margin do they use? How do they solve the dilemma: who makes the final decision – the body or the court? Do they retain judicial self-restraint or are they ready and willing to interfere in the merits of the decision?https://doi.org/10.2478/bjlp-2019-0004protection of monumentsjudicial reviewdiscretionary powersdecision-making freedompublic and individual interestproperty right |
| spellingShingle | Parchomiuk Jerzy Judicial Review of Discretionary Powers in the Activity of Historical Monuments Protection Bodies in the Polish Legal System Baltic Journal of Law & Politics protection of monuments judicial review discretionary powers decision-making freedom public and individual interest property right |
| title | Judicial Review of Discretionary Powers in the Activity of Historical Monuments Protection Bodies in the Polish Legal System |
| title_full | Judicial Review of Discretionary Powers in the Activity of Historical Monuments Protection Bodies in the Polish Legal System |
| title_fullStr | Judicial Review of Discretionary Powers in the Activity of Historical Monuments Protection Bodies in the Polish Legal System |
| title_full_unstemmed | Judicial Review of Discretionary Powers in the Activity of Historical Monuments Protection Bodies in the Polish Legal System |
| title_short | Judicial Review of Discretionary Powers in the Activity of Historical Monuments Protection Bodies in the Polish Legal System |
| title_sort | judicial review of discretionary powers in the activity of historical monuments protection bodies in the polish legal system |
| topic | protection of monuments judicial review discretionary powers decision-making freedom public and individual interest property right |
| url | https://doi.org/10.2478/bjlp-2019-0004 |
| work_keys_str_mv | AT parchomiukjerzy judicialreviewofdiscretionarypowersintheactivityofhistoricalmonumentsprotectionbodiesinthepolishlegalsystem |