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Prof. dr hab. Marek Szewczyk
ORCID: 0000-0001-8222-7898

From 1 October 1978 until 30 September 2024, he went through all levels of his scientific career: from an assistant-intern to a full professor, holding the position of Head of the Department of Administrative Law and Administrative Science since 2014 as the so-called full professor. He deals with systemic administrative law, in particular the systemic law of local government, and broadly understood substantive administrative law, in particular: space development law and administrative law regarding legal forms of public administration activity. He is also a practicing lawyer, running a legal counsel's office with developed cooperation with numerous other law and legal counsel firms. From 1 September 2023, associated with the University of Kalisz, and from 1 October 2024 – as Dean of the Faculty of Law of this University.

 
DOI: 10.33226/0137-5490.2025.6.1
JEL: K23

The subject of this article is the type of relations between entities participating in administrative relations. For many years, one view, developed in the 1950s, clearly dominated in this respect, according to which the relationship between entities participating in administrative relations was such that the "people's" state, having a monopoly on the so-called empire, is an entity that always dominates over other entities that are subject to this authority in legal relations of this type. The above-mentioned authority was treated as a source of the state's exclusive competence to establish administrative and legal relations with entities subject to this authority: both natural persons and entrepreneurs. The author of the article questions the thesis about the monopoly of the state, and other entities of public authority, on the possibility of unilaterally establishing, modifying and terminating administrative and legal relations. He claims that legal relations established on the basis of the norms of broadly understood public law have the nature of legal relations of the subordination type. However, according to the author of the article, it is not as it was previously believed that only administrative entities have the competence to establish this type of legal relations. The legislator also provided administered entities, i.e. private entities, with such competences. As a consequence, it may be that sometimes the legal relations discussed are established unilaterally by the administering entities, and other times – by the administered entities.

Keywords: public law; public subjective rights; administrative and legal relations