Zeszyty Naukowe Sądownictwa Administracyjnego - Nr 5/2013 (50)

STUDIES AND ARTICLES

Professor Roman Hauser, PhD (Adam Mickiewicz University in Poznań)
Constitutional principle of judicial independence | p. 9
Summary | p. 22

Piotr Korzeniowski, Dr Habil. (professor, University of Łódź)
The concept of the "environment as a common good" in the system of environmental law | p. 24
Summary | p. 36

Piotr Pietrasz, PhD (assistant professor, University in Białystok)
Judicial review of written interpretations of tax law provisions issued in individual cases - doctrinal and jurisdictional perspective (critical approach) | p. 37
Summary | p. 63

Ewa Szewczyk, PhD (assistant professor, Państwowa Wyższa Szkoła Zawodowa in Sulechów)
Annulment of an administrative decision in renewed administrative proceedings under Article 151 § 1 (2) of the Code of Administrative Proceedings | p. 65

VARIA

Professor Marek Safjan, PhD (judge, Court of Justice of the European Union)
Dialogue or conflict? On the relation between the Court of Justice of the European Union and constitutional tribunals in the field of application of fundamental rights | p. 75

Professor Andrzej Skoczylas, PhD (Adam Mickiewicz University in Poznań) Wojciech Piątek, PhD (assistant professor, Adam Mickiewicz University in Poznań)
New approach towards the principle of risk in the light of the amended Act on Administrative Enforcement Proceedings | p. 90

JUDICIAL DECISIONS

I. The Court of Justice of the European Union (selected and prepared by Andrzej Wróbel and Piotr Wróbel)
Opinion pursuant to Article 218 (11) of the TFEU - Draft international agreement - Accession of the European Union to the European Convention for the Protection of Human Rights and Fundamental Freedoms - Compatibility of the draft agreement with the EU and FEU Treaties
Opinion 2/13 of the Court of Justice of the European Union of 18 December 2014 | p. 101

II. The European Court of Human Rights (selected and prepared by Agnieszka Wilk-Ilewicz) The right to a fair trial - violation of Article 6 of the ECHR
Judgment of the European Court of Human Rights of 25 September 2014 in the case of Karin Andersson and Others vs. Sweden, application no. 29878/09 | p. 115

III. The Constitutional Tribunal (selected by Irena Chojnacka, prepared by Mieszko Nowicki)

1. Judgment of the Constitutional Tribunal of 25 September 2014 (files no. K 49/12) [the individual silent interpretation and the date of its entrance into force] | p. 117

2. Judgment of the Constitutional Tribunal of 21 October 2014 (files no. K 38/13) [the diff erentiation of the right of persons taking care of a disabled person to receive attendance benefit] | p. 122

IV. The Supreme Court (selected and prepared by Dawid Miąsik)

1. Judgment of the Supreme Court of 8 October 2014 (files no. III SK 85/13) [the interpretation of domestic provisions in the light of Article 10 (2) and (3) of Directive 2002/20 - the Authorisation Directive] | p. 133

2. Judgment of the Supreme Court of 9 October 2014 (files no. II UK 594/13) [the annulment of a decision of a pension authority under Article 83a (2) of the Act on Social Insurance System] | p. 139

V. The Supreme Administrative Court and voivodeship administrative courts

A. Judicial decisions of the Supreme Administrative Court (selected by Stefan Babiarz, prepared by Marcin Wiącek)

1. Resolution of a panel of seven judges of the Supreme Administrative Court of 17 November 2014 (files no. II FPS 3/14) [the possibility of a heir to deduct expenditure on the acquisition of units in capital funds incurred by the testator] | p. 144

2. Resolution of a panel of seven judges of the Supreme Administrative Court of 17 November 2014 (files no. II FPS 4/14) [the determination of revenue from the sale of a property under a life estate agreement] | p. 155

B. Judicial decisions of voivodeship administrative courts (selected by Bogusław Gruszczyński, prepared by Marcin Wiącek)

1. Judgment of the Voivodeship Administrative Court in Bydgoszcz of 14 August 2012 (files no. II SA/Bd 131/12) [the discharge from service of a prison officer who has previously been suspended in the performance of their official duties] | p. 162

2. Judgment of the Voivodeship Administrative Court in Gdańsk of 5 June 2013 (files no. II SA/Gd 108/13) [the inadmissibility of execution of construction works consisting in building thermal insulation before the end of authentication process] | p. 167

3. Judgment of the Voivodeship Administrative Court in Wrocław of 9 April 2014 (files no. I SA/Wr 158/14) [the procedure for claiming a refund of VAT collected in breach of EU law] | p. 170

4. Judgment of the Voivodeship Administrative Court in Gliwice of 17 June 2014 (files no. II SA/Gl 55/14) [on the lack of obligation to produce a report on the collection of municipal waste by an entity which has not conducted activities in this field] | p. 177

5. Judgment of the Voivodeship Administrative Court in Warsaw of 26 June 2014 (files no. IV SA/Wa 857/14) [the property valuation for the purposes of determining the amount of zoning fee] | p. 180

VI. Glosses

Łukasz Pietruszka, MSc (PhD student, Wyższa Szkoła Prawa i Administracji)
Gloss to the judgment of the Supreme Administrative Court of 30 October 2012 (II OSK 1966/11) [the exceedance of the scope of authority granted to administration bodies in the proceedings conducted under the Act of 1962 on the Polish Citizenship - arbitrary change of the party's last name by the body] | p. 185

CHRONICLE

Schedule of events in the administrative jurisdiction (November-December 2014) (prepared by Przemysław Florjanowicz-Błachut) | p. 193

BIBLIOGRAPHY

I. Reviews

Joanna Taczkowska-Olszewska, Dostęp do informacji publicznej w polskim systemie prawnym [Access to public information in the Polish legal system,] Warsaw 2014 (review by Przemysław Szustakiewicz) | p. 209

II. Publications

List of publications in the area of administrative procedure and proceedings before administrative courts (November-December 2014) (prepared by Marta Jaszczukowa) | p. 213

Letter to the Editorial Team | p. 219

List of reviewers cooperating with the editors of the Scientific Bulletin of the Administrative Courts in 2014 | p. 220

Index for the Scientific Bulletin of the Administrative Courts for 2014 (prepared by Maria Poszwińska) (insert)