Nowe instytucje procesowe w postępowaniu administracyjnym w świetle nowelizacji Kodeksu postępowania administracyjnego z dnia 7 kwietnia 2017 roku
New Procedural Institutions in Administrative Proceedings in Light of the Amendment to the Code of Administrative Procedure from 2017

Contributor(s): Anna Gronkiewicz (Editor), Agnieszka Ziółkowska (Editor)
Subject(s): Law, Constitution, Jurisprudence
Published by: Wydawnictwo Uniwersytetu Śląskiego
Keywords: Code of Administrative Procedure; individual rights; the administrative law;administrative penalties;
Summary/Abstract: “The Code of Administrative Procedure constitutes at the same time a certain “guide post” for the administrative actions taken against the citizens and a guarantee of the rights of an individual within the sphere of administrative law. The Amendment to the Code of Administrative Procedure, resulting from the Act of April 7th, 2017 on the amendment of the Act of the Code of Administrative Procedure and related acts, aims at expediting and simplifying the administrative proceedings, as well as settling the manner and rules of imposing administrative penalties. The following publication discusses the particulars of the amendment, presenting the changes in regulations resulting from the amendment. The monograph comprises of four parts. The authors of the first part focus on the issues concerning the rules of the administrative procedure which have not been hitherto expressed expressis verbis in the regulations while being actively used by the public administration authorities. The second part presents the new procedural institutions regulated by the Code of Administrative Procedure, such as: the reminder, mediation, cooperation procedure hearing, silent handling of the case or summary procedure. The third part concerns the changes in the appeal procedure. The discussed issues include: the two-tier principle, the evidentiary proceedings conducted by a second-instance body, the cassation decisions; moreover, the chapter discusses several new institutions, i.e. the institution of the waiver of the right to appeal and the objection to the cassation decision.The fourth part discusses the topic of administrative penalties and European administrative cooperation. It should be noted that, despite the broad scope of the amendment of the administrative procedure regulated by the Code of Administrative Procedure, it is not a comprehensive amendment, resulting in further debates on the shape of this normative act, resulting from the Note no. 1499 of the Sejm of the 8th term with regard to the discontinuation of suspended administrative proceedings (added in Article 105 § 3 of the Code of Administrative Procedure). The following monograph, then, aims at presenting the status of the selected procedural institutions in the amended Code of Administrative Procedure. The opinions and theses put forward in this study express the attitudes of their respective authors.” (Preface)

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