O wnoszeniu podań na adres poczty elektronicznej organu administracji publicznej (o problemie „zwykłego” e-maila)
On submitting applications to the e-mail address of the public administration authority (about the problem of “an ordinary” e-mail)

Summary/Abstract: As a result of the changes introduced by the legislator in the Code of Administrative Procedure, since 5 October 2021 the authorities are obliged to leave unexamined the letters submitted to an e-mail address of the public administration authority, i.e., sent from a private mailbox. To this point, the practice of the authorities, led by the case law developed in administrative courts, consisted in calling for the signature to be supplemented, either in the form of an electronic signature or in the form of a handwritten signature under a printed letter. However, this view was not adhered to uniformly. As it turned out, the above-described amendment to the content of Article 63 § 1 of the Code of Administrative Procedure causes many problems in practice. The purpose of this paper was to analyze the changes that have taken place in recent years in relation to the possibility of submitting applications electronically from the perspective of using a private mailbox, as well as to answer the question of whether the described change of regulations can be considered desirable and optimal. In the course of her deliberations, the author came to the conclusion that this was a step unfavourable for citizens, often resulting in a failure to meet the deadline for lodging an appeal, which could, however, be restored when it was assumed that failure to inform the party by the authority, during the pending procedure, about the proper way of submitting applications, would be treated as a violation of the principles of deepening citizens’ trust in the official authority and the information principle.

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