(Dis) harmony of the procedure and the administrative procedure for the proceedings before the consul
Objectives The authors analyzed the procedure before the consul, paying attention to whether the solutions introduced to the Consular Law Act do not introduce unjustified deviations from the "original". Material and methods The indicated subject determined the choice of application as the...
| Main Authors: | , |
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| Format: | Article |
| Language: | English |
| Published: |
Wyższa Szkoła Gospodarki Euroregionalnej im. Alcide De Gasperi
2023-10-01
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| Series: | Journal of Modern Science |
| Subjects: | |
| Online Access: | https://www.jomswsge.com/-Dys-harmonia-procedur-administracyjnych-na-przykladzie-postepowania-przed-konsulem,173500,0,2.html |
| _version_ | 1797637315744497664 |
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| author | Ewa Szewczyk Lucyna Staniszewska |
| author_facet | Ewa Szewczyk Lucyna Staniszewska |
| author_sort | Ewa Szewczyk |
| collection | DOAJ |
| description | Objectives
The authors analyzed the procedure before the consul, paying attention to whether the solutions introduced to the Consular Law Act do not introduce unjustified deviations from the "original".
Material and methods
The indicated subject determined the choice of application as the basic formal and dogmatic method. It consists in analyzing and interpreting the provisions of Polish law, taking into account the views expressed in the doctrine and jurisprudence. The findings were made on the basis of an empirical study conducted using the legal content analysis method.
Results
The authors of this study focused their considerations on the regulations regulating the consul's duties in the field of ensuring effective access to consular protection to eligible citizens.
Conclusions
As a rule, the structure of the procedure conducted by the consul should allow for quick resolution of the case. For this reason, the lack of specifying the deadline for the consul to submit the case files to the authority of second instance, and thus the deadline for self-control, should be assessed negatively. On the other hand, the introduction to Pk. The provisions on the reconstruction of lost or damaged files and the clarification adopted in Art. 57 sec. 2 Pk. on the full legal capacity of the party's representative. On the other hand, the rigid, statutory deadline for the party to supplement the deficiencies in the letter undoubtedly deprives this procedure of one of the desirable features of the procedure, which is flexibility (Kmieciak, Warszawa 2014, p. 92).
The analysis of some solutions introduced by the legislator to regulations located outside the Code of Administrative Procedure leads to the conclusion that some of them are useful in general administrative proceedings. |
| first_indexed | 2024-03-11T12:46:34Z |
| format | Article |
| id | doaj.art-5590e133d582429cae1a7a053c338d0e |
| institution | Directory Open Access Journal |
| issn | 1734-2031 2391-789X |
| language | English |
| last_indexed | 2024-03-11T12:46:34Z |
| publishDate | 2023-10-01 |
| publisher | Wyższa Szkoła Gospodarki Euroregionalnej im. Alcide De Gasperi |
| record_format | Article |
| series | Journal of Modern Science |
| spelling | doaj.art-5590e133d582429cae1a7a053c338d0e2023-11-04T17:49:38ZengWyższa Szkoła Gospodarki Euroregionalnej im. Alcide De GasperiJournal of Modern Science1734-20312391-789X2023-10-0152319020910.13166/jms/173500173500(Dis) harmony of the procedure and the administrative procedure for the proceedings before the consulEwa Szewczyk0https://orcid.org/0000-0002-2980-6564Lucyna Staniszewska1https://orcid.org/0000-0003-3457-0901Uniwersytet ZielonogórskiUniwersytet Adama Mickiewicza w PoznaniuObjectives The authors analyzed the procedure before the consul, paying attention to whether the solutions introduced to the Consular Law Act do not introduce unjustified deviations from the "original". Material and methods The indicated subject determined the choice of application as the basic formal and dogmatic method. It consists in analyzing and interpreting the provisions of Polish law, taking into account the views expressed in the doctrine and jurisprudence. The findings were made on the basis of an empirical study conducted using the legal content analysis method. Results The authors of this study focused their considerations on the regulations regulating the consul's duties in the field of ensuring effective access to consular protection to eligible citizens. Conclusions As a rule, the structure of the procedure conducted by the consul should allow for quick resolution of the case. For this reason, the lack of specifying the deadline for the consul to submit the case files to the authority of second instance, and thus the deadline for self-control, should be assessed negatively. On the other hand, the introduction to Pk. The provisions on the reconstruction of lost or damaged files and the clarification adopted in Art. 57 sec. 2 Pk. on the full legal capacity of the party's representative. On the other hand, the rigid, statutory deadline for the party to supplement the deficiencies in the letter undoubtedly deprives this procedure of one of the desirable features of the procedure, which is flexibility (Kmieciak, Warszawa 2014, p. 92). The analysis of some solutions introduced by the legislator to regulations located outside the Code of Administrative Procedure leads to the conclusion that some of them are useful in general administrative proceedings.https://www.jomswsge.com/-Dys-harmonia-procedur-administracyjnych-na-przykladzie-postepowania-przed-konsulem,173500,0,2.htmlspecial proceedings before the consuldiplomatic and consular lawmodifications of the administrative procedurepower of attorney to act before the consulaccess to filesreconstruction of lost or damaged files in consular matters |
| spellingShingle | Ewa Szewczyk Lucyna Staniszewska (Dis) harmony of the procedure and the administrative procedure for the proceedings before the consul Journal of Modern Science special proceedings before the consul diplomatic and consular law modifications of the administrative procedure power of attorney to act before the consul access to files reconstruction of lost or damaged files in consular matters |
| title | (Dis) harmony of the procedure and the administrative procedure for the proceedings before the consul |
| title_full | (Dis) harmony of the procedure and the administrative procedure for the proceedings before the consul |
| title_fullStr | (Dis) harmony of the procedure and the administrative procedure for the proceedings before the consul |
| title_full_unstemmed | (Dis) harmony of the procedure and the administrative procedure for the proceedings before the consul |
| title_short | (Dis) harmony of the procedure and the administrative procedure for the proceedings before the consul |
| title_sort | dis harmony of the procedure and the administrative procedure for the proceedings before the consul |
| topic | special proceedings before the consul diplomatic and consular law modifications of the administrative procedure power of attorney to act before the consul access to files reconstruction of lost or damaged files in consular matters |
| url | https://www.jomswsge.com/-Dys-harmonia-procedur-administracyjnych-na-przykladzie-postepowania-przed-konsulem,173500,0,2.html |
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