Zmienność (wymienność) form działania administracji publicznej

Joanna Bigos
2019 Opolskie Studia Administracyjno-Prawne  
The focal point of this paper is an analysis of instances of regulations that prescribe the variability (interchangeability) of legal forms of public administration's actions. Therefore, it is a matter of special (if only because rarely occurring) cases, in which the multiformity of public administration's activity results from the consent to accept alternative administration. The author's intention is to present a multifaceted contemporary public administration in terms of indication and
more » ... ption of legal institutions, within which the legislator has introduced the possibility of choosing different forms of action by the authority, such as: the ability to issue a regulation, order or decision by the relevant authority if it proves necessary to restrict freedom and rights during the state of natural disaster, the exchangeability of an administrative decision and the administrative settlement and alternative use of administrative silence. The considerations concern the legal forms of actions on the part of public administration, because (for them) interchangeability of the forms of public administration's actions is extremely rare and incidental, while looking at the actual (non-legal) forms of public administration allows seeing greater acceptance of the alternative behavior in the analyzed context. The reflections are supported by an attempt to answer questions about the reasons, variants and consequences of building legal regulations in a way that allows the legal forms of public administration's action to change.
doi:10.25167/osap.1127 fatcat:omtllntek5bnjkrtg3kwft3fku