Action brought against the inaction of the administrative authority
In referring the case to the office you have the right to expect that it would be resolved as soon as possible. Time for business is a very valuable asset. There may be situations in which, for a variety of reasons, the office at which you will handle your matter, will in the decision. What to do then?
Administrative ime limits
Public administrations in accordance with the Act of 14 June 1960 the Code of Administrative Procedure should deal with the matters without unnecessary delay, while keeping the statutory time-limits.
However, immediately should be handled cases which may be assessed on the basis of the evidence provided by a party at the time of a request to commence proceedings or based on evidence and facts generally known or known ex officio to the authority before which the proceedings are pending, or can be ascertained on the basis of data at the disposal of that authority. What is the difference between the terms "without undue delay" and "without delay"? The first deadlines means that any delay in dealing with the case must be necessary, i.e. justified. The second deadline means as fast as possible taking account of real circumstances of the place and time.
Cases which require an investigation procedure where indicated above evidence will be insufficient should be processed within one month and matters of particular complexity - within two months from the commencement of proceedings, and in an investigation procedure within one month of receipt of the appeal. The above time limits shall not include the time-limits laid down by law for performing specific actions, the duration of suspension of proceedings and the duration of delays attributable to a party or for reasons beyond the control of the authority
If the matter hasn't been handled on time, public administration body shall notify the parties, indicating the reasons for the delay and a new deadline for processing the matter. The same obligation applies in case of delay due to circumstances beyond their control.
Complaint and the action for failure to act
If you feel that a particular administrative authority which handles your case delayes a decision for too long, you can lodge a complaint to a higher authority (if there is no such authority - the authority to terminate an infringement). This appeal is not subject to any time-limits.
What next? If the higher authority finds a complaint to be well founded, it grants the authority additional time for handling cases and orders to explain reasons and persons to blame for not handling the matter in a timely manner. Where necessary, it also manages the need to take measures to prevent infringements of the deadlines for handling cases in the future.
If your complaint brings no result, you can bring an action for failure to act to an administrative court authority in whose territory the authority which delayed a decision is located. Remember that before you bring an action, you must first lodge a complaint. Importantly, the complaint does not go directly to court, but through the intermediary of the body whose action is subject matter of the complaint. It shall be lodged within 30 days of the service of the decision to the applicant and, if the authority has not replied to the request within 60 days from the date of filing the request to remove the infringement.
The court, having regard to an action for failure to act or lengthy conduct of proceedings by an authority in the judgment:
- requires the authority to issue within a certain time act, interpretation or to take actions;
- requires the authority to establish or recognise the right or obligation in accordance with the law;
- notes that the authority has been inactive or conducted lengthy proceedings.
The court may also order or on application by a party on imposing the fine or grant the authority to pay the applicant a sum of money, the amount of which is laid down in the Code of Administrative Procedure.
Important! As from 1 June 2017 a new, transparent method of slowness in dealing with administrative matters - a reminder. It can be used both for the inaction of authority and the excessive length of the proceedings. Amendments relate to cases opened since 1 June 2017.
If your office has not handled your matter on time (failure to act) or the proceedings is conducted longer than is necessary to deal with your case (lengthy proceeding) you can (instead of complaint) submit a reminder.
The authority's inaction means that, despite the expiry of the time limit the case has not been settled. The excessive length of the proceedings is when the proceedings last longer than is needed for dealing with the case (e.g. the time limit for handling a case has been extended, undertaken actions are inefficient, apparent - e.g. body carries out irrelevant evidence material).
The authority is obliged to consider the reminder within 7 days, and an action for failure to act or lengthy conduct of proceedings may be made at any time, after submitting a reminder to the competent authority. Extending the deadline for handling the case, the authority must advise on the possibility of filing a reminder.
You submit reminder to a higher authority (e.g. local government Appeals Board) through the authority conducting proceedings (e.g.president of the city). If there is no higher authority you submit reminder directly to that authority dealing with your complaint. You must justify a reminder. You cannot appeal to the court at the outset of the procedural failure or lengthy carrying out of the proceedings. But before you do, you must use the reminder. However, you do not have to wait until your reminder has been recognised. After a reminder, you can file a complaint with the Provincial Administrative Court.
Body, whose failure to act or lengthy conduct of proceedings you are complaining about, may take account of the complaint within 30 days of its receipt. Having regard to the complaint, the authority must determine whether there has been failure to act or lengthy conduct of the proceedings.
See for more information on a reminder