Konstytucyjne aspekty sądowej kontroli działalności administracji (między efektywnością a powściągliwością)

The author of this article analyses whether, on the basis of the constitutional standards, it is permissible to have judicial review of administrative action that is both fact-based and deferential as to the findings of the specialized administrative authority. After an analysis of the Constitutional Court’s case law, the question is answered in the affirmative. The structure of the article is as follows. The second section establishes the constitutional requirements of effective judicial review. The third one addresses the question whether the expertise of the administrative authority can be considered as having influence on the intensity of judicial review of administrative action. The same question is addressed in the fourth one with regard to the existence of procedural and institutional guarantees in proceedings before an administrative authority. The fifth section examines the meaning attached by the Constitutional Court to the notion of efficiency in the context of judicial review of administrative action. The sixth one analyses how the principle of separation of powers affects the intensity of judicial review of administrative action. The final section contains conclusions.