Uzasadnienie wyroku Naczelnego Sądu Administracyjnego oddalającego skargę kasacyjną w świetle art. 193 zdanie drugie p.p.s.a.
Statement of reasons for the judgment of the Supreme Administrative Court dismissing the cassation appeal in the light of the second sentence of Article 193 LPBAC

Summary/Abstract: The second sentence of Article 193 of the Act of 30 August 2002 – the Law on Proceedings before Administrative Courts (LPBAC) lacks a comprehensive discussion in Polish legal literature, especially with regard to its practical significance in the context of procedural economics. This provision, introduced in 2015, reduces the workload of the Supreme Administrative Court (SAC) by allowing for the concise drafting of the statement of reasons for a judgment dismissing a cassation appeal. The article aims to characterize and evaluate this provision, with particular emphasis on the mechanism for simplifying the structure of the statement of reasons. The analysis, employing a dogmatic method, as well as an in-depth analysis of literature and case law, leads to the conclusion that Article 193, second sentence, LPBAC sets out the minimum content of the statement of reasons, limited to the assessment of the grounds of the cassation appeal. However, the use of this simplification is optional. The factual findings adopted by the court of first instance remain the reference point for the legal assessment, which eliminates the need to repeat them. Although practice shows that adjudicating panels are increasingly making use of the benefits of the provision in question, the current wording of the provision requires improvement. As a de lege ferenda proposal, it is suggested that the provision be given a more precise wording and that it be moved to a separate section of the text.

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