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EXTRAJUDICIAL PROTECTION OF THE RIGHTS OF INDIVIDUALS IN RELATIONS WITH THE EUROPEAN UNION AND POLISH ADMINISTRATION - ROLE OF THE OMBUDSMAN
Abstract
Elected by the European Parliament, the European Ombudsman aims to protect the rights and freedoms of individuals in their relations with the institutions, bodies or agencies of the European Union. A similar role is played by the ombudsmen guarding rights and freedoms of man and citizen, who operate at the level of individual EU Member States, including - since 1987 - in Poland. The objective of the study is to analyse and compare competences of the European Ombudsman and the Polish Ombudsman, which these bodies may exercise in case of maladministration of institutions, bodies and other administrative entities, respectively EU and national ones. On the basis of the conclusions drawn from such a comparison, it will also constitute an attempt to formulate de lege lata and de lege ferenda postulates concerning the powers of ombudsmen. The adopted methodology of work is based on the analysis of normative material of Polish and European law, using the dogmatic-legal and legal-comparative method.
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References13
Official Journal of the European Union, C 202, 7 June 2016.
Decision of the European Parliament of 9 March 1994 on the regulations and general conditions governing the performance of the Ombudsman's duties, 94/262/ECSC, EC, Euratom (OJ L 113, 4.5.1994, p. 15–18).
Constitution of the Republic of Poland of April 4, 1997 (Journal of Laws of 1997 No. 78 item 483, as amended).
Journal of Laws of 2017, item 958, as amended.
Tsadiras A., Maladministration and life beyond legality: The European Ombudsman’s paradigm, “International Review of Law”, Qatar, vol. 11, 2015, p. 3.
Magnette P., Between parliamentary control and the rule of law: the political role of the Ombudsman in the European Union, “Journal of European Public Policy”, United Kingdom, vol. 10/issue 5, 2003 p. 682.
Tsadiras A., Maladministration ..., p.2.
Nikiforos Diamandouros P., The European Ombudsman and the Application of EU Law by the Member States, “Review of European Administrative law” vol. 1/issue 2, 2008, p. 6.
Remac M., Standards of Ombudsman Assessment: A New Normative Concept?, “Utrecht Law Review”, Netherlands, vol. 9/issue 3, 2013, p. 62.
Tsadiras A., Maladministration ..., p. 5
Act of 30 August 2002 Law on proceedings before administrative courts (Journal of Laws of 2017, item 1369, as amended).
The petition procedure is governed by the provisions of the Act of 11 July 2014 on petitions (Journal of Laws of 2018, item 870), while the procedure for submitting complaints and applications is regulated by the provisions of Section VIII of the Code of Administrative Procedure (Journal of Laws of 2018, item 149, 650).
In this way eg. Borkowski J., Code of Administrative Procedure. Commentary, Warsaw, 2005, p. 15 and Lang J., Legal structure of the complaint in administrative law, Wrocław, 1972, p. 11.
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