By Dr Robert Lewandowski, attorney at law (radca prawny) at Derra, Meyer & Partners in Warsaw
The Polish legislator recently introduced comprehensive new changes to the Polish Administrative Proceedings Code by an act dated 7th April 2017 which aims to facilitate and speed up both administrative and court proceedings before administrative courts. In addition, new changes should also increase the effectiveness of administrative authorities and make the whole administrative law more citizen-friendly. This article discusses some of the most significant amendments. In order to achieve these goals, the Polish legislator implemented a new principle on interpretation of administrative provisions in favor of parties (citizens) involved in proceedings in case of doubts and uncertainties. Furthermore, cooperation between the administrative bodies to clarify facts and the legal status of a dispute in questions has been strengthened and extended. The administrative courts – before opening a case – will now be obliged to encourage the parties to settle the dispute in an amicable way inviting them to use mediation. The function of mediation proceedings has received a new importance and value not known before. To speed up proceedings the new regulation of simplified proceedings has been introduced according to which the legislator foresees a maximum of three months to handle matters within these proceedings and there are also new remedies in order to accelerate the excessive duration and the lengthiness of administrative proceedings. New rules have also been inserted within evidence proceedings, so for instance, parties to administrative proceedings will now have the right, within a deadline set by the administrative organ, to submit new evidence to some circumstances and facts. A party to a proceedings will also have the possibility to waive its right to object to an administrative decision and this will speed up the process of decisions becoming final. The rules under which the administrative organs may impose fines and penalties on the parties have been based on weighing up – principles taking into consideration many important issues such as the nature of violation, previous convictions, and undertaking measures to avoid or reduce detrimental results of these violations.
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