Monitor Prawniczy

no. 14/2017

The right to file a complaint to the administrative court against a club stadium ban decision in light of the empowerment of administrative courts to review the activities of public administrative authorities

Jakub Majewski
Specjalista ds. analiz i informacji w Biurze Komunikacji Społecznej Kancelarii Sejmu, Akademia Leona Koźmińskiego.
Abstract

According to Art. 14.1 of the Mass Events Safety Act, the organizer of a football match may impose a punitive measure in the form of a prohibition to attend future mass events carried out by the organizer on persons who have violated the rules of the facility or a mass event. The persons punished with a club ban are entitled to request their case to be reviewed and if the decision is upheld they may file a complaint to the administrative court.

This right constitutes a guarantee of the constitutional right to a fair trial.

However, the presented discussion leads to a conclusion that in the case of a club stadium ban this right is only apparently realized. Because of their functions and the character of their controlling powers, administrative courts cannot deal with complaints against the decision of the organizers to impose a stadium ban.