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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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European Convention on Human Rights as a decision-making argument in the administrative type of law application (theoretical analysis) (Bartosz Liżewski)

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← 236 | 237 →

Bartosz Liżewski

(Associate Professor, Maria Curie-Sklodowska University in Lublin, Poland)

European Convention on Human Rights as a decision-making argument in the administrative type of law application (theoretical analysis)1

Abstract: The article touches upon a niche subject of Polish administration organs applying the European Convention on Human Rights within the framework of the administrative type of law application. The paper attempts at analysing this issue, mostly on the basis of hypotheses and effects of administrative organs’ practice.

Keywords: human rights, administrative decision, human rights, adjudication standards.

1.  Introduction

The European legal order within the sphere of protecting human rights is mainly shaped by two organisations: the Council of Europe and the European Union.2 Historically, the Council of Europe dates back earlier and presently comprises nearly all European states3. It was the Council of Europe that established the European system for the protection of human rights and the European Convention on Human Rights4 (further ECHR or the Convention), which remains the most important source of law in the group of numerous conventions passed by this organisation. The European Union is primarily active in the sphere of ← 237 | 238 → broadly defined European economic integration, within which human rights have gradually become an element of the legal order within the Union, firstly via the judicature by the European Court of Justice (presently the Court of Justice of the European Union) and now via the Charter of...

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