Wzorce kodyfikowalności procedury sądowoadministracyjnej oraz problemy ich konkretyzacji na tle rozwiązań w wybranych zagranicznych porządkach prawnych i w prawie polskim

Abstrakt

The essential aim of the article is the theoretical analysis of the codification ability's patterns of the judicial-administrative procedure from a comparative law perspective. The analysis begins with the presentation of the theoretical assumptions and conditions of the practical capabilities to codyfying of the procedural norms which regulate the judicial-administrative proceedings. The author argues that there is a fundamental difference between the judicial-administrative procedure and the other judcial procedures. In the area of administrative law the connections and the mutual interactions between substantive and procedural law are more strict and intense. Therefore the procedure of public administration's judicial control is strictly conditioned and modeled by the administrative law norms. The next part of the analysis deals with the models of the codification ability's patterns of the judicial-administrative procedure in the chosen foreign legal orders and their implications for the other orders. There have been presented the crucial normative features of the French, Dutch, Italian, German, Austrian, Swiss, English and Spanish solutions in the sphere of judicial-administrative procedure. The last part of the considerations has been devoted to the development and actual problems of the Polish concretized pattern of the judicial-administrative procedure's codification.