Warning! AUTOMATIC TRANSLATION FROM POLISH LANGUAGE
- What is an objection to decisions issued under Article 138 § 2 of the Code of Administrative Procedure?
ATTENTION – THIS IS AN AUTOMATIC TRANSLATION from Polish
An objection to a decision is a special, simplified appeal procedure that, on June 1, 2017, replaced the traditional complaint to the administrative court regarding so-called cassation decisions issued under Article 138 § 2 of the Code of Administrative Procedure. A cassation decision occurs when the appellate body, instead of resolving the issue on its merits, merely reverses the previous decision and refers the case back to the first-instance body for reconsideration. Legislators introduced the objection to effectively prevent the abuse of this practice and protect citizens from lengthy, bureaucratic referrals of files. The new solution is intended to strongly encourage authorities to independently and substantively resolve cases, making cassation decisions the absolute exception.
The procedure itself is designed to be exceptionally fast. A party dissatisfied with the referral of their case for reconsideration has 14 days to file an objection through the body that issued the disputed decision. Interestingly, this body does not have the opportunity to write a response and dispute the allegations, as is the case with standard complaints. Instead, it has 14 days for so-called self-review, meaning it can agree with the citizen, overturn its own decision, and issue a new one. However, if the body „does not admit its error,” the files are transferred to the administrative court, which must consider the objection promptly – within 30 days of its filing in a closed session. It is worth noting that in such a case, the court does not reconsider the entire case; instead, it focuses solely on verifying whether the appellate body actually had reason to avoid issuing a substantive decision and refer the case back to the lower court. If the court finds the objection justified and overturns the body’s decision, a cassation appeal against the judgment is no longer possible, forcing the administration to quickly return to its proper work on the case. An additional and very interesting element of disciplining officials is that the court has the right, ex officio or at the request of a party, to impose a fine on the appeal body.
- What is an objection to decisions issued under Article 138 § 2 of the Code of Administrative Procedure?
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