O rewolucji w zakresie e-doręczeń raz jeszcze. Uwagi na tle art. 6 ustawy o doręczeniach elektronicznych
About the e-Delivery Revolution Again. Comments on the Background of Art. 6 of the Act on Electronic Delivery

Summary/Abstract: The purpose of this study is to draw attention to the exceptions to theprinciple of primacy of electronic deliveries provided in Art. 6 of the Act ofNovember 22nd, 2020 on Electronic Delivery (AED). These exceptions are animportant supplement to – specified in Art. 1 AED – the material scope of theAct on Electronic Delivery. Their analysis will help to answer the question of whether the Act on Electronic Delivery, which was supposed to play the roleof a sui generis “constitution of delivery” (i.e., to be an act comprehensivelyregulating the principles of making registered electronic service deliveries inrelations between public entities and in relations in which at least one of par-ties is a public entity) may indeed be such the AED. The enactment of the AEDand the legal solutions it contains should be considered a great success in termsof the planned digitization of correspondence exchange. The derogation fromthe principle of the primacy of electronic delivery provided for in Art. 6 AEDis essentially conditioned by the nature and character of the device on whichthe correspondence was originally recorded. The remaining exceptions dependon the special nature of the correspondence or the greater efficiency of thetraditional method of delivery.

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