Zeszyty Naukowe Sądownictwa Administracyjnego - Nr 4/2015 (61)

MATERIALS FROM THE SESSION OF THE ANNUAL GENERAL ASSEMBLY OF JUDGES OF THE SUPREME ADMINISTRATIVE COURT HELD ON 22 APRIL 2015 IN WARSAW

Speech by the President of the Supreme Administrative Court Professor Roman Hauser | p. 9

Letter from the President of the Republic of Poland Bronisław Komorowski | p. 24

Letter from the Marshal of the Senate of the Republic of Poland Bogdan Borusewicz | p. 26

Letter from the Prime Minister Ewa Kopacz | p. 27

Letter from the President of the Constitutional Tribunal Professor Andrzej Rzepliński | p. 28

Report of the proceedings (prepared by Przemysław Florjanowicz-Błachut) | p. 33

Report of the proceedings | p. 38

STUDIES AND ARTICLES

Jan Chmielewski, PhD (assistant professor, Kozminski University in Warsaw)
Authentic interpretation in the decision-making practice of administrative courts | p. 45

Summary | p. 62

Tomasz Filipowicz, PhD (legal advisor)
Adam Krzywoń, PhD (assistant professor, University of Warsaw)
Professor Marek Wierzbowski, PhD (University of Warsaw)
Specifi cation of the public utility purpose in the light of the provisions of art. 7(2) of the Decree on land in Warsaw | p. 64

Summary | p. 74

VARIA

Maciej Trzciński, PhD (professor, University of Wrocław)
Comments on the protection of monuments relating to the judgment of the District Court in Jelenia Góra of 1 December 2014 (fi les no. II K 348/14) | p. 75

JUDICIAL DECISIONS

I. The Court of Justice of the European Union (selected and prepared by Andrzej Wróbel, Piotr Wróbel)
Directive 2008/7/EC - Article 2(1)(b) and (c) - Indirect taxes on the raising of capital - Subjection to capital duty - Contributions of capital to a partnership limited by shares - Classifi cation of such a partnership as a capital company Judgment of the Court of Justice of the European Union of 22 April 2015 in the case C-357/13 Drukarnia Multipress sp. z o.o. v Minister of Finance | p. 85

II. The European Court of Human Rights (selected and prepared by Agnieszka Wilk-Ilewicz)
Proceedings in connection with an "appeal in the light of exceptional circumstances" with reference to the judgment of the European Court of Human Rights rendered in the previous case concerning the lack of proper execution in the case relating to property claims Judgment of the European Court of Human Rights of 5 February 2015 in the case Bochan v Ukraine, application no. 22251/08 | p. 92

III. The Constitutional Tribunal (selected by Irena Chojnacka, prepared by Mieszko Nowicki)
Judgment of the Constitutional Tribunal of 12 February 2015 (fi les no. SK 14/12) [the levy of excise duty in the case where the authority fi nds invalid data in the purchaser's declaration on the intended purpose of the fuel oil purchased] | p. 95

IV. The Supreme Court (selected and prepared by Dawid Miąsik)
Judgment of the Supreme Court of 15 October 2014 (fi les no. III SK 47/13) [the interpretation of art. 56(6a) of the Energy Act - fi nancial penalty] | p. 100

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) Resolution of a panel of seven judges of the Supreme Administrative Court of 27 October 2014 (fi les no. II GPS 2/14) [determining and making a fi nancial correction pursuant to the Act on the principles of development policy] | p. 107

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

1. Judgment of the Voivodeship Administrative Court in Poznań of 26 March 2014 (files no. II SA/Po 1317/13) [the restitution of real estate expropriated pursuant to art. 47(1) of the Act on the principles and procedure for the expropriation of real estate of 12 March 1958] | p. 114

2. Order of the Voivodeship Administrative Court in Gdańsk of 27 March 2014 (files no. III SA/Gd 63/14) [the lack of the right to lodge a complaint against a doctoral scholarship award decision of the departmental doctoral committee] | p. 121

3. Judgment of the Voivodeship Administrative Court in Białystok of 17 April 2014 (files no. II SA/Bk 35/14) [the objection to the notifi cation of the intent to carry out construction works] | p. 123

4. Judgment of the Voivodeship Administrative Court in Opole of 6 November 2014 (files no. II SA/Op 474/14) [the levy of a planning fee] | p. 127

VI. Glosses

Adam Krzywoń, PhD (assistant professor, University of Warsaw)
Gloss to the judgment of the Supreme Administrative Court of 23 January 2014 (files no. II FSK 2518/13) [the affi rmative interpretative judgment of the Constitutional Tribunal as a basis for reopening proceedings (art. 190(4) of the Constitution)] | p. 135

Radosław Bulejak, MA (PhD student, University of Wrocław, assistant to a judge in the Voivodeship Administrative Court in Wrocław)
Gloss to the order of the Supreme Administrative Court of 6 May 2014 (files no. II FSK 760/14) [the inadmissibility of lodging a complaint with an administrative court against a certifi cate issued by the head of a tax offi ce] | p. 145

ADMINISTRATIVE JUSTICE IN EUROPE

David Kryska, PhD (assistant professor, Charles University in Prague)
Current case-law of the Czech administrative courts concerning the right of EU citizens to vote in local elections | p. 153

CHRONICLE

Schedule of events in the administrative jurisdiction (March-April 2015)
(prepared by Przemysław Florjanowicz-Błachut) | p. 165

BIBLIOGRAPHY

Publications in the area of administrative and court-administrative proceedings
(March-April 2015) (prepared by Marta Jaszczukowa) | p. 179