Konsekwencje złożenia sprzeciwu od decyzji kasatoryjnej
Consequences of submitting an objection to a cassation decision

Summary/Abstract: This paper is devoted entirely to the consequences of submitting an objection to a cassation decision. It presents that submitting an objection does not establish a preliminary question for the public administration authority of the first instance to which the case was remanded. Therefore, submitting of an objection does not establish premises to suspend administrative proceedings under Article 97(1)(4) of the Code of Administrative Procedures. The aim of this article is therefore to indicate whether regulations in force oblige the public administrative authority to which the case was remanded to examine its merits or whether the administrative authority should wait until the administrative court examines the objection. The analysis of relevant regulations and of the stance presented by the judicature allows a conclusion that the public administration authority of the first instance undoubtedly ought to refrain from performing any activities and from issuing an administrative decision until a final ruling of the administrative court in the case of submitting the objection is given.

• Details
• Contents