Revocability of the final administrative decisions. Comparative law vectors of the Code’s modernization

Streszcz. ang. s. 40. Bibliogr. s. 41-42

The article analyzes the modernization’s perspectives of the Polish Code of Administrative Procedure in relation to the normative bases of the final administrative decisions’ revocability. The considerations are being conducted from the comparative law point of view. The author argues that the theoretical foundations of the revocation institutions in the Polish Code are derived from the Austrian codification (of 1925) which represents an achetype of the administrative procedures of first generation. Specific theoretical assumptions and conceptual limitations of the Austrian normative pattern cause that the Polish Code may be assessed – in the considered area – as an anachronic act. Therefore the main part of the paper is devoted to the presentation of the constructive proposals for modification of the Code institutions such as the reopening of the administrative proceedings concluded with the final decision, the declaration of the invalidity, the quashing and amending of the final decisions. These proposals are based on the properly selected regulations of the foreign legal orders (the Italian, the Spanish, the French, the German).