Złożenie wniosku o wznowienie postępowania administracyjnego na podstawie art. 145 § 1 pkt 4 k.p.a. w sprawach inwestycyjnych – wybrane aspekty praktyczne
Submission of an application for the resumption of administrative proceedings pursuant to the Article 145 § 1 item 2 of the Polish Code of Administrative Procedure in investment cases – selected practical aspects

Summary/Abstract: The resumption of the administrative proceedings opens up the possibility of re-examining and resolving the case which has been concluded by a final administrative decision. One of the conditions for the initiation of this process is that the party is found not culpable for not participating in the administrative proceedings. In this case, administrative proceedings can only be initiated at the request of a party. The institution of resumption of administrative proceedings is based on the assumption that if “there is a ground for resumption of proceedings, a party has a legal claim to resume proceedings”2. Therefore, they can legitimately request its initiation and the authority is obliged to initiate it. One of the significant characteristics of the resumption of proceedings is that the admissibility of initiating this extraordinary procedure is not time restricted. This means that the procedure can be initiated regardless of when the contested administrative decision has been taken. However, it must be emphasized that the legislator has limited in time the possibility for a party to take the initiative to initiate this procedure. Pursuant to the Article 148 § 2 of the Polish Code of Administrative Procedure, an application should be submitted within one month of the day on which a party became aware of a decision terminating the proceedings under the ordinary procedure. In practice, this is a prerequisite that a party is not always aware of. The failure to comply with this condition precludes the possibility of effectively initiating the procedure for resuming administrative proceedings with reference to the premise of the Article 145 § 1 item 4 of the Polish Code of Administrative Procedure. This study focuses on the practical aspects of initiating a resumption of proceedings at the request of a party (Article 145 § 1 item 4 of the Polish Code of Administrative Procedure) in the context of the obligation to meet the deadline stipulated in the Article 148 § 2 of the Polish Code of Administrative Procedure in matters relating to construction and zoning law.

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