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Dr hab. Małgorzata Jaśkowska
ORCID: 0000-0002-2696-7733

Habilitated doctor of law, professor at Cardinal Stefan Wyszyński University in Warsaw, retired judge of the Supreme Administrative Court. Author of over 130 scientific publications, including in the field of administrative, and administrative-court, proceedings, administrative recognition, and other forms of decision-making discretion, as well as access to public information.

 
DOI: 10.33226/0137-5490.2026.10.2
JEL: K23

In resolution procedure, if the administrative court finds that decisions issued by the Bank Guarantee Fund are flawed, it is not authorised to declare the act as invalid and remove it from the legal order. The court may only declare that it was issued in violation of the law, which gives rise to claims for compensation. For this reason, it is particularly important to understand the conditions for issuing such a decision. In the author’s opinion, a broad interpretation of these conditions is supported by an analysis of the legal norms applied in the judicial review of restructuring-related decisions, carried out in the context of doctrine and case law, as well as axiological and systemic arguments. These grounds relate to decisions that are legally flawed, as made in limited, single-instance administrative proceedings, and the only means of appeal is a complaint to the administrative court, which, moreover, may not overturn an unlawful decision. This points to the necessity of securing, to the highest possible degree, protection for the entity adversely affected by the consequences of the defective act.

Keywords: resolution procedure; Bank Guarantee Fund; judicial review of administrative decisions; types of violations of law