Tailor-Made Rules Needed: a Balanced Approach to Imposition of Administrative Sanctions in Poland

The paper analyzes Polish legal system under which administrative sanctions are imposed. It is claimed that the efficiency of functioning of this system should be balanced with the appropriate level of observance of procedural fairness as well as with the appropriate rules governing the imputation of administrative liability. The paper provides the analysis of three areas where the balanced approach is needed. The first one concerns the premises of administrative liability, the second the scope of procedural rights, the third the institutional arrangement of the system. The paper points two factors that should be taken into consideration by Polish legislator and the Polish Constitutional Court when deciding how to reconcile efficiency with the procedural fairness and with the adequate construction of the premises of administrative liability. First the complexity of the category of administrative law area and second the severity of the sanctions should be taken into account.