Discretion of the administrative authority

The article was written on the occasion of the 10th anniversary of "The Voice of Law". The author, an associate professor at the Free Polish University, was a regular collaborator of The Voice. The topic taken up by the author has been vigorously discussed in the literature on the subject since the 19th century.

Gustaw Taubenschlag was a lawyer associated with Łódź, but he came from Przemyśl, where he was born on November 13, 1891 to the family of Bernard and Cecylia née Goldhard, from Brody. He was a brother of the famous Romanist and papyrologist Rafał Taubenschlag (1881-1958). He graduated from the 1st Junior High School in Przemyśl in 1910, and then studied law in Vienna. He obtained a doctorate in law from the University of Vienna, and studied at the Faculty of Philosophy of the Jagiellonian University (1917-1918). Taubenschlag lectured at the Łódź branch of the Free Polish University as an associate professor. His most famous creative work was a set of regulations and the 1924 commentary entitled Polish criminal and administrative law (pp. 264). He supplemented this work with some theoretical considerations and published it again in 1930, and in the third edition in 1937 (pp. 494). In 1925, he also published The Administrative Recourse. Commentary to the Act on Legal Measures Against Decisions of Administrative Authorities (Journal of Laws: 91/23 item 712). Most probably he was murdered in 1942 in Bełżec.

Sources: Archives of the Jagiellonian University (photo); Henryk Ritterman-Abir, Kraków Was Not Forgotten Instantly, Tirosh 1984, pp. 192; L. Miastkowski, Profiles of Łódź Scholars: from Wolna Wszechnica Polska to the Faculty of Economics and Sociology of the University of Łódź, Łódź 1995, p. 91.

Keywords: administration, administrative law, discretion.


This article is published in Polish.