Effectiveness of administrative court review of decisions issued in third generation administrative procedures : considerations on the background of selected normative solutions in the Polish law

The study has been devoted to the analysis of the relationships between the effectiveness of judicial review exercised by the administrative courts and the specific character of administrative procedures of third generation. The considerations lead to the conclusion that the special features and the normative solutions of the positive law entail the limitations of intensity of the judicial review of legality of the contested administrative acts or actions. In such a situation the judicial control may be confined to the formal sphere of legality. Consequently the degree of effectiveness of judicial impact on the administrative activity of prospective character may be substantially reduced