Żądanie wyłączenia pracownika organu w postępowaniu administracyjnym w kontekście konkubinatu

Abstract

The ideal model of the administrative procedure assumes that public authorities shall proceed in an impartial manner. Exclusion from the administrative proceedings of the entities for which there is reasonable suspicion to act during procedure with an element of bias is a guarantee of objective settlement of the matter. The essence of the exclusion is primarily a permanent elimination of an employee of a particular situation or depriving him of legal possibilities to influence the course of the proceedings and the content issued in the case settlement. The article poses the following questions: does cohabitation justify such an exemption, and what are the consequences of both justified and unjustified exclusion of an employee of administrative body? Analysis of issues for exclusion under the provisions of the Code of Administrative Procedure in the context of cohabitation tends to make some reflections. Firstly, consideration of the evidence in the context of the general is required in the face of increasingly frequent occurrence status of partnerships referred to in Polish nomenclature concubinage. This would provide greater safeguards for the principle of objective truth due to the fact that the process itself off employee would be subject to exclusion from the law, and not at the request of his superior (as it is currently). Second, consideration of the type of legal act for such exclusion as well as the possibility of replacing the provision issued in such cases by other legal act which the measure is the type of management ordinance are required.