Pojęcie aktu administracyjnego

Abstract

The need to define the notion of the administrative act in canon law occured after promulgation of the constitution Regimini Ecclesiae Universae by Pope Paul VI (15 August 1967). Ecclesiastical legislator used the term „administrative act" for the first time in article 106 of the constitution. The term has been already employed for a long time in the State administrative law. Therefore it has become necessary to determine whether the meaning of the term is identical in both canon and State law. Attempting to solve the problem the author of the present article has assumed that fundamental elements of this act are identical in the two systems of law. Yet the purport of these elements in canon law is of a specific character as there are differences in structure and functions between the Church and the State authorities. The specific character refers to the subjective element (organ of ecclesiastical administrative power) and the objective element (scope of administrative problems submitted to the Church authorities). Requirements (elements) that the administrative act should, be authoritative, unilateral and concrete jare of the. same sense in both systems. Yet the requirement th at the ecclesiastical administrative act should be founded on administrative law is still of a nature of a postulate, although it is already being realized. Finally the author suggests th e following definition of the administrative act in canon law: it is a decision of an organ of church [ecclesiastical] administrative power concerning adminisrative affairs, founded on the regulations of canon law, by means of which the orga unilaterally changes a concrete situation of the administered unit.