Ocena propozycji zmian przepisów art. 156 i art. 158 Kodeksu postępowania administracyjnego
Assessment of the proposed amendment of Article 156 and 158 of the Code of Administrative Proceedings

Summary/Abstract: Amendments of the Code of Administrative Proceedings, suggested in the assessed petition, introduce an exclusion of the possibility of declaring an administrative decision invalid, if the decision has been issued without legal basis or with a gross infringement of law, after 10 years from the day the decision has been delivered or published. The proposed solution consisting of an application of the limitation period set out in Article 156 para. 2 of the Code even to such decisions issued without legal basis or with the gross infringement of law which have not been a basis for acquiring a right or expectative of a right (wider than in the Constitutional Tribunal’s judgment, ref. no. P 46/13) – stays, in the author’s opinion, in accordance with Article 2 of Polish Constitution and it could be regarded as optimally balancing the principle of the rule of law, the principle of legal certainty and the principle of the protection of legitimate expectation. Moreover, the author claims that introducing the new Article 158 para. 3 of the Code, according to which a declaration a questioned decision as invalid due to its issue without legal basis or with a gross infringement of law of issue of a decision with an infringement of law shall constitute grounds for declaration of invalidity of a decision issued on the basis of the former one, is justified.

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