Administrative law

Amendment of Polish adminsitrative proceedigns

From June 1st, 2017 new provisions of Polish Administrative Procedure Code enter into force. The amendment of the regulations is aimed especially to speed up the proceedings and allow for faster processing with administrative cases. The new regulations also aim to revise the existing relationship between the body and party by conversing it into more partnership relation. Another important aspect of the amendment is the change of administrative penalties.

Faster processing with cases

For proper realisation of this goal, the new institutions were introduced to Polish Administrative Procedure Code. Some of them are the institution of silent processing with the case and simpliefied proceedings in which the party may obtain final decision in shorter time. One of the most interesting measures is a reminder, which can be officially send by party, if the body crosses the timeframes of proceedings. Moreover, there is another measure upon which in some cases the party will be entitled to waive the right for appeal from the body’s decision.

Partner relationships

The amendment introduces the possibility of conducting mediation between the party and the body. In addition, public administration authorities cannot abstain from settled practises in the same factual circumstances without good reason.

Penalties

According to the new provisions, during making the decision on penalties, the body is obliged to take into account the circumstances of the case, such as gravity of the offence, fact of previous punishment for the same behaviour or the personal conditions of party. It shall be noted that, another regulations imposes mandatory withdrawal from punishment in case on occurring at least one of the premises indicated in the provision. This amendment introduces also 5-year limitation period for sentencing the party and its execution.

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Author team leader DKP Legal Michał Dudkowiak
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