A Few Remarks Concerning the Changes in the Code of Administrative Proceedings

Abstract

The subject matter of the remarks discussed in this paper will be the problem of changes that have been introduced on the basis of Polish administrative proceedings as a result of an amendment to the Code of Administrative Proceedings1 by virtue of the law passed on December 3rd 2010 that concerns changes to the law – Code of Administrative Proceedings and Statutes – Law on Administrative Courts Proceedings. This amendment was signed by the President of the Republic of Poland on December 23rd 2010 and came into force on April 11th 2011. It should be noted that this amendment has significantly changed a few basic rules concerning the CAD and has influenced the model of administrative proceedings in cases of e.g. the principle of distributing the burden of proof. The amendment of the CAD, discussed in this paper, should be treated as the most important amendment of this legal act, valid in the Polish law since 1960. In compliance with the legislature, three basic goals of the amendment should the noted.2 The first pertains to the will to improve the administrative proceedings by abolishing major restrictions and gaps present in the rules of law currently in force. The second goal pertains to the motivation of the parties taking part in the proceedings to be more active. The last point concerns the possibility of suing not only an inactive organ of public administration but also for excessive and unwarranted protraction of proceedings. Because of the limitations imposed on the length of this paper only the main areas of change will be discussed, such as the issues of: changes concerning the principle of objective truth, changes concerning the principle of the speed of the proceedings, changes concerning the commencement of administrative proceedings, changes concerning access to the documents related to the case, changes concerning the possibility of issuing cassations, and finally, changes concerning the possibilities of a resumption of the administrative proceedings.