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Administrative Appeals in Romania and Poland - A Topical Comparative Perspective

Transylvanian Review of Administrative Sciences

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Title Administrative Appeals in Romania and Poland - A Topical Comparative Perspective
 
Creator DRAGOŞ, Dacian C.; PhD, Jean Monnet Associate Professor, Public Administration
Department, Faculty of Political, Administrative and
Communication Sciences, Babeş-Bolyai University,
Cluj-Napoca, Romania
SWORA, Mariusz; PhD, Assistant Professor, Faculty of Law and Administration,
Jagiellonian University, Cracow, Poland
SKOCZYLAS, Andrzej; PhD, Professor, Faculty of Law and Administration,
Adam Mickiewicz University in Poznań, Poland
 
Subject appeal; Romania; Poland; administrative low; public administration.
 
Description The article focuses on the issue of administrative appeal and analyzes how the appeal functions in two different jurisdictions: Poland and Romania. The authors start by providing information on the nature of the administrative appeal (mandatory or not), deadlines for exercising it, suspensive effect for the action in court etc. All these aspects are examined from a comparative perspective. The aim of the comparative perspective is to highlight that currently the European national systems are fluid and continuously changing; in addition, the goal is to identify best practices that could be transferred from one system to the other. One of the key topics addressed in the context of this theme refers to the relationship that exists between the administrative appeal and the action in court. Authors try to answer the question whether the citizens’ access to justice is breached in cases when the appeal is mandatory. The authors also discuss the fact that very often a mandatory appeal can lead to a high number of cases being solved outside the courts.
 
Publisher Babes Bolyai University
 
Contributor This article is the outcome of a research financed through a post-doctoral grant under European Social Fund, Operational Sectorial Program for the Development of Human Resources, ‘Transnational network for the integratedmanagement of post-doctoral researc
 
Date 2012-10-01
 
Type info:eu-repo/semantics/article
info:eu-repo/semantics/publishedVersion
Peer-reviewed Article
 
Format application/pdf
 
Identifier http://rtsa.ro/tras/index.php/tras/article/view/71
 
Source Transylvanian Review of Administrative Sciences; 2012: Issue No. 37 E/October; 38-54
18422845
 
Language eng
 
Relation http://rtsa.ro/tras/index.php/tras/article/view/71/67
 
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