Zasada równego traktowania w postępowaniu administracyjnym

Abstract

Prescriptively included in the amendment to the codex of administrative process, the equality of parties rule embodies the widespread use of this directive based on constitutional rules and the courts’ judicature. The equality of parties rule is a necessary element for the development of citizens’ trust towards the public administrative bodies. The directive showcases the shift from vertical to quasi‑horizontal perspective of understanding the administrative relationship, that is towards more partnership. The amendment aims to introduce european standards to the polish legal order. The equality of parties rule facilitates the above by requiring the public authority to consider the opinion of the other side while settling cases and eliminating any signs of discrimination or unfair treatment of either side from the relationship. Per theoretical analysis of the directive to be introduced, a comparative treatment seems compulsory. Analysing the administrative procedure through the prism of civil and criminal proceedings allows the crystallisation of constitutional traits of the equality of parties rule. Moreover, it reveals the details distinguishing the administrative procedure on a comparative background.