Skoczylas Andrzej, From mutatis mutandis (as appropriate) application of the Administrative Proceedings Code to separate procedural regulation of proceedings before administrative courts

Abstract: This summary presents changes in administrative court procedure – from framework regulation of certain procedural matters, accompanied by extensive mutatis mutandis application of other procedures, to the idea of establishing a separate administrative court procedure. It is worth noting that references in regulations concerning administrative court system have a long tradition in Poland. The paper discusses provisions applicable in proceedings before the Supreme Administrative Tribunal before the war and then before the Supreme Administrative Court in the period of 1980–1994. Attention has been drawn to the problem of references to mutatis mutandis application of the provisions of the Administrative Proceedings Code and the Civil Proceedings Code in administrative court proceedings pursuant to the Supreme Administrative Court Act of 1995. The author cites opinions of legal scholars that the next administrative court system act should include procedural provisions resulting from mutatis mutandis application of the Administrative Proceedings Code and the Civil Proceedings Code in the then current legal state. The final remarks concern the present legal circumstances. The conclusion emphasizes that the state of uncertainty as to the procedural rights and guarantees for participants in administrative court proceedings led to the decision that the best way forward would be an exhaustive regulation of administrative court proceedings.