Published: 2020-02-04

Dilemmas of Implementing the Kühne and Heitz Mechanism in the Polish Code of Administrative Proceedings

Konrad Łuczak
Zeszyty Prawnicze
Section: Artykuły
https://doi.org/10.21697/zp.2019.19.4.07

Abstract

The European Union Court of Justice has introduced the Kühne and Heitz mechanism to give its rulings an impact on final administrative decisions made by national administrative authorities which have already successfully passed judicial review. The application of this mechanism has been entrusted to administrative authorities to facilitate the amendment of a final administrative decision in line with the interpretation of EU law established in a subsequent Court of Justice ruling issued in a separate case. This article attempts to answer the question whether the Polish Code of Administrative Proceeding contains procedural regulations which may be recognised as an effective way of carrying out the Kühne & Heitz mechanism, and examines the basic problems which arise in connection with this.

I embark on a detailed scrutiny of the following issues: a determination of the purposes of the Kühne & Heitz mechanism, an analysis of the relation between this mechanism and the principles of effectiveness and equivalence, a characterisation and critical review of the premises for its application, an assessment of three procedural institutions regulated in the Polish Code of Administrative Proceedings (reopening of proceedings, annulment of a decision, and repeal or amendment of a decision under Art. 154 and Art. 155 of the Code), and also my comments on the draft of an amendment to the Polish Code proposing the introduction of new grounds for the incompatibility of a final decision with a subsequent Court of Justice rulings.

 

Keywords:

influence of an EU Court of Justice ruling on a final ad-ministrative decision, the Kühne and Heitz mechanism, extraordinary administrative procedures, procedural autonomy

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Łuczak, K. (2020). Dilemmas of Implementing the Kühne and Heitz Mechanism in the Polish Code of Administrative Proceedings. Zeszyty Prawnicze, 19(4), 153–203. https://doi.org/10.21697/zp.2019.19.4.07

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