O problemie zaskarżenia decyzji administracyjnej po terminie na skutek błędnego pouczenia – rozważania na kanwie pewnego przypadku
On the problem of appealing against an administrative decision after the deadline as a result of an incorrect instruction – considerations on the basis of a certain case

Summary/Abstract: The right to appeal against decisions issued in the first instance in proceedings before public administration bodies is a subjective right based on the Constitution of the Republic of Poland. One of the guarantees of this right is the correct instruction on the right to appeal, including the date and procedure for lodging it. The Code of Administrative Procedure provides in Art. 112 protection of the party who complied with the erroneous instruction in the decision. However, this provision is general and does not provide a direct answer as to how this protection should be implemented in a situation where a party has filed an appeal within the time limit as a result of an incomplete instruction (which does not contain an indication of the deadline for lodging an appeal). The analysis of the problem undertaken on the basis of a specific case from practice showed that the jurisprudence of administrative courts is not uniform in the above matter. Namely, two divergent positions have developed, which lead to different practical results. In conclusion, it was stated that the uniformity of judicial decisions is an indisputable value and indicated a measure that should enable the unification of judicial decisions on the presented issue.

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