Zeszyty Naukowe Sądownictwa Administracyjnego - Nr 2/2015 (59)

STUDIES AND ARTICLES

Professor Zbigniew Kmieciak, PhD (University of Łódź)
Contemporary formula of protection of interests in the administrative law (procedural aspect) | str. 9

Summary | str. 21

Zbigniew Czarnik, PhD (judge, Voivodeship Administrative Court in Rzeszów)
Legal characteristics of the so-called hybrid proceedings | str. 22

Summary | str. 31

Sebastian Gajewski, MA (PhD student, University of Warsaw)
Model of proceedings on granting benefi ts from public funds by a contract | str. 33

Summary | str. 42

VARIA

Professor Jarosław Mikołajewicz, PhD (Adam Mickiewicz University in Poznań)
Professor Andrzej Skoczylas, PhD (Adam Mickiewicz University in Poznań)
Constitutionality of intertemporal law in the process of its application in administrative court procedure | str. 43

Krzysztof Ślebzak, PhD (Professor, Adam Mickiewicz University in Poznań)
Influence of intertemporal law on the expectation of a right and the acquisition of a right in abstracto | str. 58

JUDICIAL DECISIONS

I. The Court of Justice of the European Union (selected and prepared by Andrzej Wróbel and Piotr Wróbel)
Reference for a preliminary ruling - Excise duties - Directives 92/12/EEC and 2008/118/EC - Scope - Mineral oils and energy products - Lubricating oils used for purposes other than as motor fuels or as heating fuels - Not included - Excise duty levied on the consumption of energy products, imposed by a Member State in accordance with the harmonized excise duty arrangements - Concept of 'formalities connected with the crossing of frontiers' - Article 110 TFEU - Shorter payment deadline in certain cases for intra-Community purchases than for products acquired on the domestic market
Judgment of the Court of Justice of the European Union of 12 February 2015 in the case C-349/13 Minister of Finance v Oil Trading Poland sp. z o.o. | str. 77

II. The European Court of Human Rights (selected and prepared by Agnieszka Wilk-Ilewicz)
Expropriation by the State for public needs (town development plan) Judgment of the European Court of Human Rights of 29 January 2015 in the case Akhverdiyev v Azerbaijan, application no. 76254/11 | str. 87

III. The Constitutional Tribunal (selected by Irena Chojnacka, prepared by Mieszko Nowicki)
Judgment of the Constitutional Tribunal of 18 December 2014 (files no. K 50/13) [the unconstitutionality of art. 36(1) of the Spatial Planning and Development Act] | str. 89

IV. The Supreme Court (selected and prepared by Dawid Miąsik)
Judgment of the Supreme Court of 9 October 2014 (files no. II PK 232/14) [the grounds of an appeal in cassation in the case of a groundless rejection by courts of the evidence offered] | str. 96

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 8 December 2014 (files no. II FPS 5/14) [the recovery of a claim by a municipal body] | str. 103

2. Resolution of a panel of seven judges of the Supreme Administrative Court of 17 December 2014 (files no. II OPS 1/14) [penalty payment for the failure to ensure that measurements of emissions are carried out or that other conditions for the use of the environment are implemented by an accredited laboratory] | str. 110

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

1. Judgment of the Voivodeship Administrative Court in Szczecin of 30 January 2014 (files no. II SA/Sz 764/13) [the establishment of a fee for lane occupation] | str. 114

2. Judgment of the Voivodeship Administrative Court in Gliwice of 13 February 2014 (files no. I SA/Gl 1457/13) [the expiry of tax lien] | str. 117

3. Judgment of the Voivodeship Administrative Court in Białystok of 3 June 2014 (files no. I SA/Bk 157/14) [a request for individual interpretation of a provision of tax law which is not in force] | str. 119

4. Judgment of the Voivodeship Administrative Court in Białystok of 5 June 2014 (files no. II SA/Bk 149/14) [the person obliged to remove waste from the property] | str. 124

5. Decision of the Voivodeship Administrative Court in Poznań of 16 July 2014 (files no. IV SA/Po 214/14) [whether it is permissible to lodge an appeal with an administrative court against acts adopted by municipal bodies in the area of the management of urban property] | str. 126

VI. Glosses

Przemysław Szustakiewicz, PhD (Professor, Łazarski University in Warsaw)
Gloss to the judgment of the Supreme Administrative Court of 14 December 2012
(I OSK 2208/12) [the primacy of the Personal Data Protection Act over the Act on Access to Public Information] | str. 133

Angelika Drelichowska, MA (assistant, University of Wrocław)
Gloss to the judgment of the Supreme Administrative Court of 4 March 2014 (II FSK 863/12) [the significance of the personal service on the obliged person of a certified copy of an enforcement order] | str. 140

CHRONICLE

Schedule of events in the administrative jurisdiction (January-February 2015)
(prepared by Przemysław Florjanowicz-Błachut) | str. 147

BIBLIOGRAPHY

Publications in the area of administrative and court-administrative proceedings
(January-February 2015) (prepared by Marta Jaszczukowa) | str. 157