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Strategies of Judicial Review

Author: 
Denis Galligan
Marcin Matczak
Publication date: 
Wed, 30 Apr 2008

Analysis of judicial discretion in administrative cases in Poland.

 

The research asks:
  1. to what extent the administrative courts in Poland have made the transition from the traditional approach, whereby judges are considered the mouths of the law, to a more contemporary approach according to which Judges rule on the basis of general standards.
  2. It attempts to identify the obstacles the administrative courts encounter when moving from the traditional model and embracing more fully a more acceptable contemporary approach.
  3. What would be the effect on business activity in Poland if judicial practice law were to remain locked into an outdated mode of adjudication?