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Discretionary Power of Public Administration

Its Scope and Control

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Edited By Leszek Leszczyński and Adam Szot

The book analyzes various aspects and examples of public administration discretionary power within the processes of law application. It presents a variety of factors that may affect the range of discretion as well as the influence on public administration’s reasoning. The authors evaluate the complexity of forms and procedures for control of decision latitude that is exercised by the public administration and the society.

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Mediation in the administrative and administrative court proceedings vs. discretion in the law application process – selected issues (Marzena Myślińska)

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Marzena Myślińska

(Ph. D., Maria Curie-Sklodowska University in Lublin, Poland)

Mediation in the administrative and administrative court proceedings vs. discretion in the law application process – selected issues

Abstract: The objective of this article will be to indicate mediation proceedings as a way to introduce more flexibility to the process of application of administrative law in the Polish legal order in the context of the discretional nature of the administration’s activities.

Keywords: mediation, administrative type of law application, mediation function, discretion.

Alternative forms of dispute resolution (hereinafter: ADR), including mediation, have become part of the implementation of justice in Europe, based on a statutory law culture. Even though the realisation of ADR assumptions takes place fully in the branch of civil law (as discussed in more detail below), consensual forms are also applied in other areas of the law; the specificity and legal conditioning of disputes arising between the parties to a legal relationship influence the extent in which they are used and the difference from their characteristic features. Additionally, the analysis of the contents of legal regulations found in the Polish legal system shows that consensual forms are not only used independently but also as a component of a procedure influencing the decision settling the dispute or ending the case. The essence of ADR is in the voluntary decision-making process aimed at the finalisation of a dispute by the parties themselves, by way of...

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