About the need to change the scope of the evidence proceedings in administrative court cases

Abstract

The aim of the article is to present arguments in favor of changing the current scope of evidence proceedings in administrative court cases. The taking of evidence in these cases is not independent in nature. The factual basis for adjudication by administrative courts are the administrative files of the case, which the administrative body transfers to the court together with the complaint and the response to the complaint. On the other hand, the evidentiary proceedings before the administrative court serve only to verify the completeness of the evidence collected in these files and the correctness of the findings of the authority in terms of the facts based on them. However, the current legal status is insufficient to achieve this goal. The article proposes directions for changes in this area. The need to separate a chapter devoted to the evidentiary proceedings was noticed. It was also postulated to extend the scope of these proceedings, and to allow the possibility of taking supplementary evidence from the document also outside the trial.