Prokuratorski nadzór ogólny w Polsce Ludowej na tle idei sądownictwa administracyjnego

Abstract

General supervision by the public prosecutor's office (so called nadzór ogólny) in Poland was introduced in 1950, together with the reform of this office based on Soviet patterns. The essence of the institution of general supervision was to control legal action of administration and to control citizens' behavior from the legal perspective. This institution replaced administrative courts, because Communist authorities did not agree to reestablish administrative courts after World War II. Accordingto them, the general supervision was much better than the administrative courts, because legal control was based not only on the protection of individual interest, but also interest of State. In the middle 50's duringthe period of libefalization of social and political life, Polish lawyers presented view that general supervision is not able to replace administrative courts. The main reason was that the prosecutor could only sue illegal acts of the administration. Contrary, the basie role of administrative courts was to abrogate and change administrative decisions. In 1958 lawyers proposed a bill reestablishing administrative courts, but it was rejected by the Communist authorities. This situation was changed in 1980, when the Supreme Administrative Court (NSA) was established.