Object's details: On the immediacy of legal interest in administrative law

Provider:Platforma Otwartych Czasopism Naukowych UAM

Description

Title:
On the immediacy of legal interest in administrative law
Creator:
Jakimowicz, Wojciech
Description:
The aim of the article is to draw attention to the direct nature of the legal interest and to try to answer the question about the sources (grounds) of this interest. The analysis is carried out from the perspective of understanding individual interest in administrative law and focuses on the issues of qualifying legal interest, including law from the perspective of the nature of the relationship between individual interest and its normative basis, and from the perspective of the normative foundations forprotecting this interest. It also refers to the issue of the axiological determinants of directness legal interest in administrative law. The analysis here justifies the conclusion that the source of legal interest in administrative law comprises substantive norms belonging to the entire system of generally applicable law, which objectify the individual interest, and only the close relationship between individual interest and the legal norm which is the source of this interest allows such interest to be defined as a legal interest. The lack of a close relationship between the individual interest and the legal norm, which is considered as the source of this interest, allows such an interest to defined, from the perspective of administrative law, only as a factual interest. The close bond that must exist between an individual interest and the legal norm on which it is based in order for such an interest to be classified as a legal interest is expressed by the characteristic defined as the directness of the legal interest. The article also presents arguments to justify the thesis that the mere need to protect a legal interest, or even real protection provided to a legal interest in the area of civil law, does not constitute a source of legal interest in the area of administrative law. Just as the source of the legal interest should be sought in the norms of generally applicable law, the legislator decides on the protection and the degree of protection for this interest by establishing appropriate separate legal norms in this respect.;
The aim of the article is to draw attention to the direct nature of the legal interest and to try to answer the question about the sources (grounds) of this interest. The analysis is carried out from the perspective of understanding individual interest in administrative law and focuses on the issues of qualifying legal interest, including law from the perspective of the nature of the relationship between individual interest and its normative basis, and from the perspective of the normative foundations for protecting this interest. It also refers to the issue of the axiological determinants of directness legal interest in administrative law. The analysis here justifies the conclusion that the source of legal interest in administrative law comprises substantive norms belonging to the entire system of generally applicable law, which objectify the individual interest, and only the close relationship between individual interest and the legal norm which is the source of this interest allows such interest to be defined as a legal interest. The lack of a close relationship between the individual interest and the legal norm, which is considered as the source of this interest, allows such an interest to defined, from the perspective of administrative law, only as a factual interest. The close bond that must exist between an individual interest and the legal norm on which it is based in order for such an interest to be classified as a legal interest is expressed by the characteristic defined as the directness of the legal interest. The article also presents arguments to justify the thesis that the mere need to protect a legal interest, or even real protection provided to a legal interest in the area of civil law, does not constitute a source of legal interest in the area of administrative law. Just as the source of the legal interest should be sought in the norms of generally applicable law, the legislator decides on the protection and the degree of protection for this interest by establishing appropriate separate legal norms in this respect.
Object availability:
free access
Rights: https://creativecommons.org/licenses/by-nc-nd/4.0 ;
Prawa autorskie (c) 2022 Wojciech Jakimowicz
Date:
2022.11.28
Type:
info:eu-repo/semantics/article;
info:eu-repo/semantics/publishedVersion;
Artykuł naukow;
Artykuł naukowy
Language:
Polish
Source:
Studia Prawa Publicznego; No. 3 (39) (2022); 9-37;
Studia Prawa Publicznego; Nr 3 (39) (2022); 9-37;
2720-2445;
2300-3936
Format:
application/pdf
Publisher:
Adam Mickiewicz University Poznan
Relation: http://pressto.amu.edu.pl/index.php/spp/article/view/36140/30982
Subject:
individual interest;
legal interest;
legally protected interest;
protection of legal interest
Identifier: http://pressto.amu.edu.pl/index.php/spp/article/view/36140
Data provider:
Platforma Otwartych Czasopism Naukowych UAM

Similar objects

On the immediacy of legal interest in administrative law

Creator:Jakimowicz, Wojciech

Date:2022.11.28

Type:text

Phrases not specified in Directive EU 2019/1937 on the protection of persons who report breaches of Union law and its influence on the protection of the environment (selected issues)

Creator:Żurawik, Artur

Date:2023.05.05

Type:text

Professor Jan Boć’s concept of interest in administrative law

Creator:Wożniak, Marta

Date:2019.05.31

Type:other

Aspects of common good in the activity of public administration

Creator:Krawczyk, Mariusz

Date:2019.09.13

Type:other

Likwidacja Prokuratorii Generalnej Rzeczypospolitej Polskiej w 1951 roku – efekt sowietyzacji systemu prawnego w Polsce Ludowej

Creator:Tkaczuk, Marek

Type:other

Can I use it?:check license

Legitymacja procesowa do wniesienia odwołania w postępowaniu administracyjnym

Creator:Dudek, Monika

Type:image

Can I use it?:seek permission

What are the most common legal bases for personal data processing in the context of local public authorities’ activities? Legal obligation vs Public Interest

Creator:Kozhuharova, Denitsa | Kutsarova, Dilyana

Type:other

Can I use it?:check license | seek permission

Jerzy Stelmasiak, Individual interest versus public interest in the environmental protection in the case of a special ecological area [Interes indywidualny a interes publiczny w ochronie środowiska w obszarze specjalnym o charakterze ekologicznym]-review

Creator:Rakoczy, Bartosz

Date:2014.04.30

Type:text

Federacja Bibliotek Cyfrowych

Object's details: On the immediacy of legal interest in administrative law

Description

Similar objects