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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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Administrative promissory commitment in the perspective of discretionary powers of public administration body (Anna Ostrowska)

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Anna Ostrowska

(Ph. D., Maria Curie-Sklodowska University in Lublin, Poland; Lublin Voivodship Administrative Court Assistant Judge)

Administrative promissory commitment in the perspective of discretionary powers of public administration body1

Abstract: This article analyses the principle of protection of legitimate expectations, which is rooted in common law legal systems, as well as in German and European Union law. It argues that, although in Poland this principle has not yet been articulated in any normative act, it is becoming increasingly significant among scholars of law and in the jurisprudence.

Keywords: the protection of legitimate expectations, administrative discretion, administrative promissory commitment, administrative promises

In the relationship between a public administration body and an individual some circumstances may arise that create on the part of the individual certain expectations as to the future activity of the body. This is important in that sphere of public administration in which the administrative bodies are granted by the legislature a certain degree of discretion – whether at the stage of legal interpretation or in the phase of choosing the decision. The principle of protection of legitimate expectations is rooted in common law legal systems, as well as in German and European Union law. In Poland, this principle has not yet been articulated in any normative act but is becoming increasingly significant among scholars of law and in the jurisprudence as an effective instrument for solving the fundamental conflict between the need to protect expectations...

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