Objection to the Cassation Decision – a Constitutional Perspective

Abstract

The subject of the article is an analysis of the compatibility of the solutions adopted within the institution of opposition to a cassation decision with the Polish Constitution. As part of the introduction of the institution of objection to a cassation decision, the legislator provided for special solutions within the framework of administrative court proceedings aimed at speeding up the proceedings from the objection. However, the speed of the proceedings is not an absolute value and must not violate the right of the individual to a fair trial. Hence, the purpose of the study is to answer the question of whether the adopted solutions meet the constitutional standard, taking into account the interpretation of the legislation adopted in case law and doctrine. The subject of the study are, among other things, the following solutions: shortening the time limit for the issuance of a ruling by an administrative court, limited cognition of an administrative court, participation in judicial-administrative proceedings only of the authority and the objector, restriction of the possibility of taking part in the proceedings of social organizations, lack of the possibility of filing a cassation complaint against a ruling allowing an objection, linguistic analysis of the provisions in terms of meeting the standard arising from the principle of correct legislation. In addition, the authors make a de lege ferenda postulate not to stop at a mere critical assessment of the adopted legislative solutions.