Inadmissibility of Administrative Enforcement

  1. Lidia Klat-Wertelecka


A prerequisite for the effectiveness of law is securing its enforceability. Enforcement sanction in administration, which precedes state-imposed constraints, is an administrative sanction. The means of administrative enforcement, which are a specific form of state-imposed constraints, can be used by the administration if a public law obligation has not been met.

Enforcement in this case is relative, because the obligated entity can prevent it by voluntarily fulfiling the obligation. Enforcement in administration is also external; it does not apply to intraadministration obligations. Enforcement measures in administration are used independently of judicial or administrative penalties imposed for a failure to fulfil specific obligations.

The inadmissibility of administrative enforcement applies to two spheres: first – inadmissibility of enforcement in the material sphere, and second – inadmissibility of enforcement in the sphere of court proceedings. The theoretical model of the inadmissibility of administrative enforcement covers inadmissibility of administrative proceedings in the enforcement system (due to the admissibility of court proceedings) and inadmissibility of enforcement proceedings when administrative enforcement is admissible. The inadmissibility of administrative proceedings, determined by the type of enforcement order, is a general inadmissibility. A specific inadmissibility is associated with an incorrect course of enforcement proceedings in connection with evidence related to material law and court action; evidence that limits the admissibility of administrative enforcement.

Enforcement law provides for specifi  legal consequences of the inadmissibility of administrative enforcement. These are: non-initiation of enforcement proceedings, their suspension or discontinuation, as well as a possibility of claiming compensation after the completion of enforcement proceedings.

The concept of the inadmissibility of administrative enforcement sets out the limits of enforcement in administration, thus protecting the basic individual rights in a democratic state with the rule of law.

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Niedopuszczalność egzekucji administracyjnej

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