dr Maciej Kiełbowski | In Principle

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dr Maciej Kiełbowski

In the course of administrative proceedings, the authority should instruct the party on what is missing for a positive decision
This obligation arises from Art. 79a of the Administrative Procedure Code, which has been in force for several years but does not seem to be applied very often. Instructions to the parties are obligatory regardless of the type of case—from welfare benefits to building permits.
In the course of administrative proceedings, the authority should instruct the party on what is missing for a positive decision
A decision is issued … then what?
Restrictions resulting from the state of epidemic, as well as extensive changes in law coming into force overnight, require a fresh look at many issues, including such mundane issues as when administrative decisions become final.
A decision is issued … then what?
Administrative proceedings must continue despite the epidemic
The restrictions due to the state of epidemic are making life harder for all of us. But in pending administrative proceedings, there is no basis for holding back actions and resolution of matters, particularly as this could lead to a backlog. The lack of penalties for inaction or delay should not be an excuse for administrative authorities.
Administrative proceedings must continue despite the epidemic
Construction in the time of coronavirus
The Special Coronavirus Act excludes the application of the Construction Law to matters related to the coronavirus pandemic. What are the benefits and risks of this exclusion?
Construction in the time of coronavirus
Changes in civil procedure: High hopes, some difficulties
An overhaul of Polish civil procedure was published on 6 August 2019. The amending act partly entered into force on 21 August, but most of the new rules apply from 7 November. What can we say so far about the new rules, what should be expected, and what are the worries?
Changes in civil procedure: High hopes, some difficulties
New jurisdiction of the courts in certain cases
While focusing on the most notable changes in the amended Civil Procedure Code, it is possible to overlook the change in the jurisdiction of the courts in several categories of cases. But this change is vital to many litigants.
New jurisdiction of the courts in certain cases
When a residential part of a building becomes a hotel
The Supreme Administrative Court recently reviewed a case concerning unauthorised change of use of real estate. According to the construction permit it was supposed to be a residential part of a building, but was converted into rooms to be let.
When a residential part of a building becomes a hotel
Mediation in administrative proceedings
Public administration is typically associated with authoritative decisions that can be modified only by challenging them through the administrative courts. A recently adopted amendment to the Administrative Procedure Code is designed to soften this image and make the state’s executive authority more citizen-friendly.
Mediation in administrative proceedings
A new approach to mediation and its impact on judicial proceedings
An amendment to the Civil Procedure Code entered into force on 1 January 2016, raising the importance of mediation and significantly changing Poland’s mediation regulations. This will also affect the course of judicial proceedings commenced from that date forward.
A new approach to mediation and its impact on judicial proceedings
Electronic signature doesn’t work in administrative court
Poland’s Supreme Administrative Court has held that under current law it is impermissible to file papers with the administrative courts electronically using a secure electronic signature.
Electronic signature doesn’t work in administrative court
When an administrative case takes too long
Parties to administrative proceedings ask what can be done when the case drags on too long. There is no simple remedy, but a complaint against overlong proceedings is one option.
When an administrative case takes too long
What's new in litigation law?
The New Year often brings with it numerous changes in regulations, including changes affecting specific judicial or administrative procedures, with an impact on how litigation is conducted. What’s new in this area in 2013?
What's new in litigation law?