Dopuszczalność wstrzymania wykonania aktu prawa miejscowego w postępowaniu sądowoadministracyjnym

Abstrakt

In proceedings before Polish administrative courts concerning the assessment of the legality of various acts of public administration, there is the institution of so-called temporary protection. This protection is most often granted at the initial stage of court proceedings and consists in the administrative court’s suspension of the implementation of the contested act of public administration. The purpose of temporary protection is to prevent damage or irreversible effects caused by potentially unlawful public administration acts. However, acts of local law (local sources of law) that have entered into force are excluded from the scope of temporary protection. The Author criticizes this state of affairs, pointing to the lack of convincing arguments for such an exclusion and proposing that the scope oftemporary protection should also include the acts of local law (local sources of law) that have already entered into force and are binding.