Change in the proceedings before administrative courts. Comments by Att. Ewa Badowska-Domagała in the daily Gazeta Prawna

2015-09-25

The wide access of citizens to the justice system and the increase of legal awareness, and above all the growing expectations of the increasing efficiency of the administration apparatus at various levels, gave rise to the need to modify the regulations of court and administrative proceedings. 

 

On 15 August 2015 a significant amendment (81 changes in the applicable provisions) will come into force in the proceedings before administrative courts. This amendment was enacted by the Act of 9 April 2015 on the Amendment of the Law on Proceedings before Administrative Courts (Journal of Laws of 14 May 2015, item 658).

 

Due to some doubts about the nature of the fourteen-day deadline for removal of law violations by the body (Article 52§3 of the Law on Proceedings Before Administrative Courts), whether it is a procedural law or material law time limit, the legislator clarified the content of the mentioned provision by indicating that the jurisdiction of the court to which a complaint was submitted covers an assessment whether there are grounds for restoring the time limit or not.