Szczegółowe wymogi formalne skargi do sądu administracyjnego w ujęciu komparatystycznym – prawo do sądu, pomiędzy dowolnością a formalizmem

Filip Geburczyk

Abstract

The paper includes a comparative analysis of the relationship between the need to ensure the widest possible access to effective judicial protection and to prevent an excessive caseload of the courts through introducing formal requirements for appeals to administrative courts concerning in particular their content and various elements. The hypothesis in this respect is that, depending on cultural traditions, different legal systems can reconcile the above values in different ways, but invariably implement pan-European standards. Since this issue is also regulated by international and EU law, there is a need to conduct a comparative legal analysis. In the analysed legal systems there are far-reaching structural similarities at the general level, but also significant differences at the detailed level. The identified differences do not allow us to conclude that convergence is occurring between the systems under analysis, even despite the fact that all analysed systems implement European standards of judicial protection.