Autor: Zbigniew Kmieciak

Contemporary Concepts of Administrative Procedure Between Legalism and Pragmatism

Zbigniew Kmieciak

The aim of this volume is to compare various types of administrative procedure and show their similarities and differences in national, European and global dimensions. The Authors’ intention is also to capture the regularities governing the development of law on administrative proceedings, including answers to the following questions: 1) is there a genetic relationship between the three generations of procedures, or do they derive from the separate ideas of national legislatives (genetic peculiarities)? 2) to what extent did modern procedures become the subject of national codifications? 3) what are the characteristics of national participatory procedures? 4) what are the national experiences in the field of “coexistence” of the three generations of administrative procedures? 5) where is the boundary between pragmatism and legalism of administrative procedures, for example in the case of urgent or simplified, automated and mass procedures? 6) does the increasing complexity of social life necessitate new solutions to integrate standards of the Rule of Law (traditional procedural values) with requirements of procedural pragmatism and efficiency? 7) are the new solutions in contradiction with the idea of multi-aspect protection of interests in administrative procedure?