The Act Of 30 August 2002 The Law On Proceedings Before Administrative Courts

Original Language Title: USTAWA z dnia 30 sierpnia 2002 r. Prawo o postępowaniu przed sądami administracyjnymi

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And preliminary provisions Chapter 1 General provisions article 1. 1. [income tax Matters] the law on proceedings before administrative courts herein proceedings in matters concerning the control of the activities of the public administration and in other cases to which its provisions apply under special laws (income tax).

Article. 2. [the courts competent to hear cases sądowoadministracyjnych] to resolve matters of administrative courts are called sądowoadministracyjnych.

Article. 3. [for Control of public administration by the administrative courts] § 1. Administrative courts exercise control over the activities of public administration and apply the measures referred to in the Act.

§ 2. Control of the activities of the public administration by the administrative courts include the decisions in cases of complaints: 1) administrative decisions;

2) provisions issued in administrative proceedings, which is a complaint or terminating the proceeding, as well as the provisions on the substance of the case settlement;

3) provisions issued in enforcement proceedings and detention order, which serves the complaint, with the exception of the provisions of the creditor about the inadmissibility of plea, and notified the subject of which is the position of a creditor on the reported plea;

4) other than those referred to in point 1-3 acts or activities from the scope of the public administration for permissions or obligations arising from the provisions of the law, excluding acts or activities undertaken in the framework of administrative proceedings referred to in the Act of 14 June 1960-code of conduct (OJ of 2013. poz. 267, as amended) and of the proceedings referred to in sections IV , V and VI of the Act of 29 August 1997-tax (OJ from 2015. poz. 613), and proceedings to which they apply the provisions relied on;

4A) written interpretations of tax law issued in individual cases;

5) local acts of the bodies of units of local government and Government field;

6) acts of the bodies of the units of local governments and their associations, other than those specified in point 5, in matters concerning the public administration;

7) acts of supervision over the activities of the bodies of territorial self-government units;

8) inaction or chronic proceedings in the cases referred to in points 1 to 4 or chronic proceedings in the case referred to in paragraph 4a;

9) inaction or chronic in matters relating to the proceedings other than those referred to in paragraphs 1 to 3 of the acts or activities from the scope of the public administration for permission, or obligations arising from the provisions of the law taken in the framework of administrative proceedings referred to in the Act of 14 June 1960-code of conduct and administrative proceedings referred to in sections IV, V and VI of the Act of 29 August 1997-tax code and proceedings to which they apply the provisions established by laws.

§ 3. Administrative courts adjudicate in cases where laws provide for special courts, and shall apply the measures referred to in those provisions.

Article. 4. [Arbitration of conflicts] administrative courts settle disputes of jurisdiction between local government units and between local authorities and boards of appeal, unless a specific statute provides otherwise, and disputes the terms of reference between these units and the Government authorities.

Article. 5. [not belonging to the administrative jurisdiction] administrative courts are not competent in matters relating to: 1) arising out of the primacy and the organizational reporting in relations between public administrations;

2) resulting from business reporting between superiors and subordinates;

3) to refuse the appointment to the position or appointment to serve in the bodies of public administration, unless the obligation to the appointment or appointment stems from the provisions of the law;

4) visas issued by consuls, with the exception of visas issued to an alien who is a family member of a citizen of a Member State of the European Union, Member State of the European free trade agreement (EFTA) – the parties to the agreement on the European economic area or the Swiss Confederation, within the meaning of article 3. 2 section 4 of the Act of 14 July 2006 on entry into the territory of the Republic of Poland, their stay and departure from the territory of nationals of the Member States of the European Union and members of their families (Journal of laws No. 144, item 1043, with further amendments);

5) permits to cross the border within the framework of the small border traffic issued by consuls.

Article. 6. [Giving teachings] Administrative Court in the event of justified need to provide to the parties in the case without a lawyer, legal counsel, tax advisor or patent the necessary teachings as to the procedural steps and the consequences of their negligence.

Article. 7. [the speed of proceedings] the administrative court should take steps to quickly settle the case and work for its decision at the first meeting.

Article. 8. [the participation of the Prosecutor in proceedings], § 1. The public prosecutor and the Ombudsman may participate in any ongoing investigation, as well as bring an action, Cassation, appeal and complaint about the resumption of the proceedings, if the protection of the rule of law require assessment by or rights of man and of the citizen. In this case, are entitled to the right of the page.

§ 2. A spokesman for the rights of the child can participate in any ongoing investigation, as well as bring an action, Cassation, appeal and complaint about the resumption of the proceedings, if, according to its assessment of the protection of the rights of the child requires. In this case, are entitled to the right of the page.

Article. 9. [the participation of social organizations in proceedings] social Organisation, in terms of its statutory activity, may take part in the proceedings in the cases provided for in this Act.

Article. 10. [the principle of publicity of the proceedings] the diagnosis of cases is done explicitly, unless special provision provides otherwise.

Article. 11. [be bound by court decisions of other courts] Findings issued in criminal proceedings, a final conviction for committing the offence involve administrative court.

Article. 12. [proceedings] Whenever in this Act is a question about the website, it is understood it is also a participant in the proceedings.

Article. 12A. [bailiff] § 1. For each case from the scope, as referred to in article 1. 1, creates files. Files can be created and processed with the use of computer techniques.

§ 2. Access to the file shall be made available to the parties to the proceedings. The Parties shall have the right to view the files of the case and receive copies, copies or extracts from such records.

§ 3. All completed files legally sądowoadministracyjnych Affairs shall be the competent administrative court for the period necessary for the sake of the type and nature of the case and the importance of the material contained in the file as a source of information.

§ 4. After a period of storage in the Court files of the case shall be subject to the transfer to the competent State archives or destroyed.

§ 5. The President of the Republic of Poland shall determine, by regulation, how to create an act referred to in § 1, the terms and conditions and store-and-forward mode Act the provincial administrative courts and the Supreme Administrative Court, as well as the conditions and the destruction of the Act after the expiry of a period of storage, taking into account in particular types of cases and appropriate protection against unauthorized access, loss, or destruction.



Chapter 2 provincial Property administrative courts Art. 13. [over Property and jurisdiction of courts] § 1. Provincial administrative courts recognize all income tax matters with the exception of the cases for which the copyright is property of the Supreme Administrative Court.

§ 2. To resolve the case the provincial administrative court in whose jurisdiction is located the body of public administration, the business of which is contested.

§ 3. The President of the Republic of Poland, by regulation, may pass to the administrative court wojewódzkiemu identify a particular kind of affairs belonging to the different properties of the provincial administrative court, if required by considerations of expediency.

Article. 14. [change the basics of the properties] WSA competent at the time of the filing of the complaint shall remain competent until the completion of proceedings, even though the base of the properties have changed in the course of the case, unless otherwise provided by special provision.

Article. 14A. [the designation of another provincial administrative court] if the provincial administrative court can not due to obstacles to recognize or take other steps, the Supreme Administrative Court shall designate a private session, composed of three judges, other regional administrative court.



Chapter 3 property to the Supreme Administrative Court Article. 15. [the NSA over Property] § 1. The Supreme Administrative Court: 1) recognizes the appeal from judgments of the provincial administrative courts, pursuant to the provisions of the Act;

2) take the resolution aimed at clarifying the legal provisions, the use of which caused a divergence in the case law of the administrative courts;

3) take the resolution containing the resolution of legal issues causing serious doubts in particular on sądowoadministracyjnej;

4) shall decide disputes referred to in article 1. (4);

5) recognizes the other matters belonging to the properties of the Supreme Administrative Court under separate laws.


§ 2. For the settlement of disputes referred to in article 1. 4 and to resolve other matters belonging to the properties of the Supreme Administrative Court under separate laws shall apply mutatis mutandis the provisions on proceedings before the regional administrative court. Disputes referred to in article 1. 4, the Supreme Administrative Court decides on a proposal from the provision by an indication of the authority to hear the case. Order of the Court, sitting with three judges in closed session.



Chapter 4 of the Composition of the Court Art. 16. [decisions Warehouses] § 1. The administrative court rules, sitting with three judges, subject to § 2 and 3, unless the law provides otherwise.

§ 2. The Administrative Court in private session shall decide on the composition of one judge, unless the law provides otherwise.

§ 3. Orders outside of the hearing, it seems the President.

Article. 17. [Setting and change the composition of the Panel] § 1. Determination of the composition of the Panel to hear the case at trial or in private session shall determine the internal rules of the Office of administrative courts, issued on the basis of a separate law.

§ 2. Changing the composition of the Panel may only occur with random reasons or when the judge cannot participate in the composition of the Panel because of legal obstacles.



Chapter 5 judge Off Article. 18. [exclusion of a judge under the Act], § 1. The judge is disabled by virtue of the same Act: 1) in which it is a party or with one of them in such a legal relationship that the outcome matters affecting his rights or obligations;

2) his spouse, relatives or powinowatych in a straight line, relatives to the fourth degree and side powinowatych side up to the second degree;

3) persons related by virtue of adoption, custody or guardianship;

4) in which it was or is still a delegate of one of the parties;

5) which provide legal services for the benefit of one of the parties, or any other services associated with the case;

6) [1] in which he took part in the release of the contested judgment, as well as to the validity of the instrument issued by him or with his participation recognized and in cases in which he appeared as a Prosecutor;

6a) concerning complaints about the decision or order of the conclusive case on the merits issued in administrative proceedings, if the extraordinary run before proceeding on the legality of the control sądowoadministracyjnym the decision or the provisions issued in administrative proceedings, he took part in the judgment or the provisions of the end of the proceedings in the case;

7) in which he took part in the settlement of the matter in the organs of public administration.

§ 2. The reasons for the exclusion are underway after the cessation of justifying them marriage, adoption, custody or guardianship.

§ 3. The judge, who took part in the release of the decision concerned a complaint about the resumption of proceedings, cannot decide what to this complaint.

§ 4. (repealed).

Article. 19. [exclusion of a judge at the request of the] regardless of the reasons mentioned in article 10. 18, the Court excludes a judge at his request or at the request of a party, if there is a circumstance of that kind that could cause reasonable doubt as to his impartiality in the matter.

Article. 20. [request for exclusion of a judge], § 1. A request to disable the judge page reports in writing or orally in the minutes of the sitting in the Court in which the case is pending, uprawdopodabniając reasons for exemption.

§ 2. A party that proceeded to a hearing, should lend credence that the reason for the exclusion only later founded or became her.

§ 3. Pending the settlement of a matter of the judge may meet the urgent operations only.

§ 4. Request for exemption of the Court is unacceptable and subject to rejection of a private session.

Article. 21. [notice of the Court about the basis of exclusion] Judge should notify the Court of this basis of their exclusion, and to abstain from participation in the case.

Article. 22. [the proceedings in judge exemption] § 1. To exclude a judge adjudicates administrative court, where the case is pending.

§ 2. Order of the Court, sitting with three judges, in private session, upon the explanations by the judge, which the application relates.

§ 3. If the Administrative Court referred to in § 1 may not take the provisions due to the lack of a sufficient number of judges, the Supreme Administrative Court shall designate another court to entertain the application.

§ 4. Renewed a request to disable the judge free from scratch or exemption based on the same circumstances, are subject to rejection without submission of explanations by the judge concerned. Order of the Court, sitting with three judges, a private session.

Article. 23. (repealed).

Article. 24. [exclusion of a reporting clerk, clerk of the Court and the Prosecutor] § 1. The provisions of this chapter shall apply mutatis mutandis to the exclusion of a reporting clerk, the clerk of the Court and the Prosecutor.

§ 2. Request for exemption of the Prosecutor shall be communicated to the relevant Prosecutor of the ancestor.



TITLE II, Chapter 1 of the judicial capacity of the Site and process Art. 25. [Legal Capacity] § 1. A natural person, a legal person or a public administration body have the ability to act before the Administrative Court as a party to the (legal capacity).

§ 2. The ability of the courts also have State and local government agencies and social organizations, unincorporated without legal personality.

§ 3. The ability of the courts to other unincorporated organizational units, if the provisions of the law allow the possibility to impose these duties or unit to grant permission or referrals to them do's and Don'ts as well as find or recognize the rights or obligations arising from the provisions of the law.

§ 4. The ability of the courts also have social organizations, even though I do not have legal personality, in terms of their registered business in matters relating to the legal interests of other persons.

Article. 26. [the ability to process] § 1. The ability to act in the proceedings in the cases sądowoadministracyjnych (process capability) are natural persons having full legal capacity, legal persons, and social organisations and agencies referred to in article 1. 25. § 2. Person limited in legal capacity has the capacity to act in the proceedings in the cases arising from legal transactions, which may make on their own.

Article. 27. [statutory Representation] a natural person without capacity to act in the proceedings can be taken only by his legal representative.

Article. 28. [the authorities or persons authorized to act on behalf of the OUs] 1. Legal persons and organizational units with the ability of the courts shall act in the proceedings by the authorities or persons authorized to act on their behalf.

§ 2. For the Treasury is taking steps in the proceedings, the authority of the organizational unit from which the activity relates to the investigation, or the parent.

Article. 29. [Document attachment] legal representative or an authority or a person referred to in article 1. 28, have an obligation to demonstrate their attachment to document the first steps in the proceedings.

Article. 30. [the designation of guardian] § 1. For the non-procedural capacity, which does not have a legal representative, as well as for the non-body to represent the Court at the request of the opposing party will establish the curator, if this page is taking against the other side of the action of urgency. Order of the Court may be taken in closed session.

§ 2. The provision referred to in paragraph 1 may issue legal Secretary Court.

Article. 31. [Complement deficiencies in capabilities or process] § 1. If the deficiencies in the judicial process or capacity or in the composition of the competent bodies is complete, the Court will appoint an appropriate term. In cases where the establishment of a legal representative should be made on its own initiative, the Court calls on the competent court guardianship.

§ 2. The Court may permit the provisionally to the page without judicial process or capacity or person without the proper legal restraints, except that before the time limit expires, the deficiencies will be complemented and validated by the activities set up for this person.

§ 3. If these deficiencies could not make up or not they have been completed within the prescribed period, the Court will abolish the proceedings in so far as it is affected by the shortages, and where necessary shall issue the appropriate order.



Chapter 2 page and the participants of the proceedings Art. 32. [Parties] in the sądowoadministracyjnej proceedings are parties, the complainant and the authority whose action, inaction or chronic proceedings is the subject of the complaint.

Article. 33. [participant], § 1. The person who took part in the administrative proceedings, and brought a complaint, if the result of the judicial proceedings applies its legal interest, is a participant in the proceedings on the rights of the parties.

§ 1a. If special provision provides that the parties to the proceedings before a body of public administration are informed about the acts or other acts of that authority by notice or otherwise publish, a person who participated in the proceeding and brought complaints and the outcome of the judicial proceedings applies its legal interest, is a participant in the proceedings on the rights of the parties, if before the start of the hearings propose to join the investigation.

section 1b. If the result of the judicial proceedings does not concern the legal interest of the persons referred to in § 1 and 1a, and they require admission to participate in the proceedings, the Court deliberated for refusing admission to participate in the case. The order shall be entitled to appeal.


§ 2. Participation as a participant may also be the person who did not participate in administrative proceedings, if the result of this investigation relates to its legal interest, as well as social organisation, referred to in article 14(2). 25 § 4, in matters relating to other persons, if the case concerns the scope of its registered business. Order of the Court in private session. In order to refuse admission to participate in the case entitled to the complaint.



Chapter 3 Article Agents. 34. [Agents process] Parties and their authorities or legal representatives may act before the Court in person or by proxy.

Article. 35. [persons entitled to act as agents] section 1. A delegate may be a lawyer or a legal adviser, and another applicant or participant of the proceedings, as well as the spouse, siblings, relatives or descendants and persons of a party in respect of adoption, as well as other persons, if the stipulated specific provisions.

§ 2. Representative of a legal person or trader, including a non-legal entity, it can also be an employee of that body or its parent body. This also applies to State and local organizational units without legal personality.

§ 3. A legal person or partnership Board, on the basis of legal aid other legislation-providing a trader, a legal person or any other organizational unit, may grant a power of attorney on behalf of which entity is a process providing legal assistance-solicitor or solicitor if they have been authorised by the entity.

§ 4. A delegate of the authority whose action, inaction or chronic proceedings are the subject of the complaint, may also be an officer or employee of that body by organizational unit.

§ 5. On: 1) where the Court outlined the legal issue of serious doubts as to the composition of the seven judges, 2) in which the Court gave a legal question, the Court of Justice of the European Union 3) complaints written interpretations of tax law issued in individual cases – delegate authority can also be an officer or employee of an organizational unit led by the parent body.

Article. 36. [types of power of Attorney] a power of attorney may be: 1) General-to conduct cases before administrative courts;

2) for the conduct of individual cases;

3) to some steps in the proceedings.

Article. 37. [grant of power of Attorney] § 1. The delegate is obliged at the first procedural act attached to the case file a power of attorney with the signature of the principal or wierzytelny a copy of the power of attorney. Attorney, legal counsel, patent attorney and tax advisor can authenticate a copy of the power of Attorney and copies of other documents showing their lashes. The Court may, in case of doubt, request an official signature credentials page.

§ 2. In the course of the case a power of attorney may be given orally at the meeting of the Court by a declaration made by the site and included in the minutes.

§ 3. (repealed).

Article. 38. [Surrogate sign a power of Attorney] a party who cannot sign, shall be signed by the person authorized by the authority, with details the reasons for which the party itself has not signed.

Article. 39. [Attorney General or to the conduct of individual cases] Attorney General or to the conduct of individual cases with the same restraint law includes: 1) of all the merging with the steps in the procedure, including the complaint about the resumption of the proceedings and of the proceedings caused her lodging;

2) grant further powers on the principles laid down in the rules;

3) the withdrawal of the complaint, in whole or in part, if these activities are not excluded in the mandate;

4) pick up the costs of the proceedings.

Article. 40. [the scope, duration and effects of attachment broader than the Attorney] scope, duration and effects of attachment broader than the mandate referred to in article 2. 36, according to the content of the mandate and the rules of civil law.

Article. 41. [Straightening or revoking the Declaration of the representative] Principal stawający at the same time as a delegate may immediately rectify or cancel claims representative.

Article. 42. [termination of power of Attorney] § 1. Termination of a power of attorney by the receiver goes legal effect in relation to the Court from the date of notification to him in relation to the opposing party and other participants-from the date of service of the notice of the Court.

§ 2. Lawyer, legal advisor, tax advisor or patent attorney who said power of Attorney, must work for the page for two weeks, unless the principal releases him from this obligation. Any other agent should, despite the notice, act as receiver by the same time, if this is necessary to protect the principal of adverse effects.

Article. 43. [the termination of power of Attorney] in case of death or loss of legal capacity by the party mandate expires. However, the proxy server is running until the suspension of the proceedings.

Article. 44. [Temporary authorisation to operate a person without power of Attorney] § 1. The Court may permit the provisionally to take urgent steps to present niemogącą person.

§ 2. The Court shall designate a term at the same time, within which the person acting without a mandate should be to submit or present to approve your actions by the party. If a time limit has elapsed to no avail, looking through the procedural Court.



SECTION III procedure before the regional administrative Court of Chapter 1 of the letter in court proceedings Art. 45. [Letter] Letter in court proceedings (the letter) covers the conclusions and declarations of the parties.

Article. 46. [the necessary components of the Scriptures] § 1. Each letter of the page should contain: 1) the designation of the Court to which it is addressed, your name or the name of the parties, their legal representatives and agents;

2) designation of the Scriptures;

3) osnowę application or statement;

4) the signature of the party or its legal representative or representative;

5) list the attachments.

§ 2. When writing the page is the first letter in the case should also contain an indication of the place of residence, and in case of his absence – address for service, or the headquarters of the parties, their agents and legal representatives and subject matter, and the further-signature Act.

§ 3. The letter must be accompanied by a power of attorney or a copy of the wierzytelny, if the letter asks agent, who still has not submitted the documents before the Court.

§ 4. For a party that cannot sign, the letter shall be signed by the person authorised by the latter with details the reasons for which the party itself has not signed.

Article. 47. [Copies], § 1. To the letter of the page must include his copies and copies of the attachments for their delivery to the parties, and, if the Court has attachments in the original writ and one each of the annex to the court records.

§ 2. Write-downs within the meaning of § 1 can also be authenticated photocopies or certified mail-outs.

Article. 48. [the submission of original documents], § 1. «Setting up in writing on the document is obliged at the request of the Court, submit the original document with the Court before the hearing.

§ 2. If the document is in the acts of the authority referred to in article 2. 76 section 1 and 2 of the law of 14 June 1960-administrative code of conduct and in the article. 194 § 1 and 2 of the Act of 29 August 1997 – tax, just submit a certified copy of the official or an extract from the document. The Court requests the grant of a copy or extract, if the page itself may not get them. If the Court deems it necessary to review the original document, you may ask for it.

§ 3. Instead of the original document may submit a copy of the document, if it complies with the original has been certified by the notary or by the applicant on the representative parties which advocate, legal advisor, tax advisor or patent spokesman.

§ 4. Contained in document extract certificate of conformity with the original by appearing on the proxy site as an attorney, legal counsel, spokesperson for the Attorney or tax advisor is an official document.

§ 5. If this is justified by the circumstances of the case, the Court, at the request of a party or on its own initiative, request from the submitting a copy of a document referred to in § 3, the submission of the original of this document.

Article. 49. [to supplement the deficiencies of the formal letter] § 1. If the letter of the page may not obtain a proper gear as a result of your failure to keep the formal conditions, President calls on a page with its complement or improve within seven days, under pain of leaving a letter without consideration, unless the law provides otherwise.

§ 2. If the page is not added or improved the letter within the time limit, the President manages to leave the letter without a diagnosis. The order shall be entitled to appeal.

§ 3. Writing corrected or supplemented within effect from the date of its filing.

§ 4. Activities referred to in § 1 and 2 can perform legal Secretary Court.



Chapter 2 the complaint Article. 50. [Protocol to complain] § 1. Entitled to bring an action is, anyone who has a legal interest, the public prosecutor, the Ombudsman, the Ombudsman on the rights of the child and social organization in terms of its statutory activities, matters relating to the legal interests of other persons, where she took part in the administrative proceedings.

§ 2. Entitled to bring an action is also another person whom the law will grant the right to lodge a complaint.


Article. 51. [Active Participation] Few entitled to bring an action might in one on the act as applicants if their complaints relate to the same decision, the provisions of another act or acts or inactivity of the body or chronic proceedings.

Article. 52. [admissibility of complaint] § 1. A complaint may be made after the exhaustion of legal remedies, if they served the complainant in proceedings before the competent authority in the matter, unless the complaint asks the Prosecutor, Ombudsman or the Ombudsman on the rights of the child.

§ 2. By the exhaustion of legal remedies should be understood as a situation in which the website is not entitled to any appeal, such as a complaint, appeal or request for reconsideration, as provided for in the Act.

§ 3. If the law does not provide for remedies in the case which is the subject of the complaint, a complaint against acts or activities referred to in article 1. 3 § 2 para 4 and 4a, you can bring upon the request of the competent authority in writing-within fourteen days from the date on which the complainant became aware, or could find out about the release of Act or take other steps to eliminate violations of the law. The Court, after a complaint has been lodged, it may be considered that the failure of this period there was no fault of the appellant and resolve the complaint.

§ 4. In the case of other acts, if the law does not provide for remedies in the case which is the subject of the complaint and provides otherwise, you must also have a complaint before the Court call in writing to the competent authority to remedy the infringement of the law. The time limit referred to in paragraph 3, shall not apply.

Article. 53. [the deadline for filing a complaint] § 1. The action shall be brought within thirty days from the date of delivery of the decision to the complainant in the case.

§ 2. In the cases referred to in article 1. 52 § 3 and 4, the action shall be brought within thirty days from the date of service of the response to the call of the body to remove the violations of the law, and if the authority has not given an answer to the call, within 60 days from the date of filing requests for the removal of infringements of the law.

§ 3. The public prosecutor, the Ombudsman or the Ombudsman on the rights of the child may file a complaint within six months from the date of service of the website on an individual settlement, and in other cases within six months from the date of entry into force of the Act or take any other steps for bringing the complaint. This term does not apply to complaints on acts of local law authorities of local government units and Government field.

Article. 54. [complaint], § 1. A complaint to the administrative court shall be paid through the body action, inaction or chronic proceedings is the subject of the complaint.

§ 2. The authority referred to in paragraph 1, it shall refer the complaint to the Court along with complete and organized acts of the case and the answer to the complaint within thirty days from the date of its receipt.

§ 3. The Department whose action, inaction or chronic zaskarżono proceedings, may within its jurisdiction include the complaint in full within thirty days from the date of its receipt. Having regard to the complaint, the authority of the States at the same time, whether the action, inaction or chronic proceedings took place without a legal basis or with a blatant violation of the law. The provision of § 2 shall apply mutatis mutandis.

§ 4. In the case referred to in article 1. 33 § 1a, it shall inform the authority of the complaint, together with the response to a complaint by a notice at the premises of the authority and on its website and in the manner customary in the locality, instructing about the wording of this provision.

Article. 55. [violation of duties by the authority which concerned] § 1. In the event of failure to comply with the obligations referred to in article 1. 54 section 2, the Court at the request of the applicant, declare the infliction of authority fines of referred to in article 1. 154 § 6. The order may be issued on the closed session.

§ 2. If the body has not surrendered to the Court complaint, although the assessment of the fine, the Court may at the request of the complainant to resolve the matter on the basis of the nadesłanego a copy of the complaint, when the facts and law presented in the complaint does not raise reasonable doubt.

§ 3. For blatant cases of infringement of the obligations referred to in section 2 or in article 3. 54 section 2, the composition of the Panel or the President of the Court shall notify the competent authorities to deal with petitions, complaints and requests.

Article. 56. [suspension of proceedings] in the event of a complaint to the Court following the initiation of the administrative procedure in order to change, repeal, annulment of an act or the resumption of the proceedings, the proceedings shall be interrupted.

Article. 57. [the form and content of complaint] § 1. The complaint should do comply with the requirements of the letter in court proceedings, and, in addition, contain the following: 1) an indication of the contested decision, the provisions of another act or activity;

2) the designation of the authority whose action, inaction or chronic proceedings concerned;

3) violation of law or legal interest;

4) in the cases referred to in article 1. 52 § 3 and 4, the evidence that the complainant called on the competent authority to remedy the infringement of the law.

§ 2. In the case referred to in article 1. 51, complaints may be lodged in one letter.

§ 3. If in one writing zaskarżono more than one Act, or the action or inaction or chronic proceedings, the President manages the distribution of these complaints.



Article. 57A. [action on a written interpretation of the provisions of the tax law] action on a written interpretation of the provisions of the tax law in an individual case can be based solely on the plea, infringement proceedings, to admit error or an incorrect interpretation of the assessment as to the application of a provision of substantive law. The Administrative Court is bound by the allegations of the complaint and set up the legal basis.

Article. 58. [rejection of complaint] § 1. The Court rejects the complaint: 1) if the case does not belong to the jurisdiction of the Court;

2) have been brought after the expiry of the deadline for its lodging;

3) when not supplemented within the time limit the shortcomings of formal complaints;

4) if the case is covered by the complaint between the same parties is in progress or has already been legally judged;

5) if one of the parties does not have a legal capacity or if the applicant does not have the capacity to process, and does not work for him, the legal representative or if the composition of the organs of the organizational unit that is a party to the applicant it lacks to prevent it;

5A) if the interest or permission the complainant on the resolution or act referred to in article 2. 3 § 2 paragraph 5 and 6 have not been violated according to the requirements of the specific provision;

6) if other causes of litigation is unacceptable.

§ 2. Due to the lack of judicial capacity of one of the parties or the ability of the applicant's procedural and non-legal representative or in the composition of the organs of the organizational unit that the complainant, preventing its operation, the Court rejects the complaint only when there is no will be completed.

§ 3. Court rejects complaint provision. The rejection of the complaint can be followed by a private session.

§ 4. The Court may not dismiss a complaint for the reason referred to in § 1, paragraph 1, if this Court found to be wrong.

Article. 59. [Transfer of the complaint to the competent court] § 1. Where to hear the case, the competent court is different, the Court which finds its decline, shall transmit to the competent administrative court case. Order of the Court may be taken in closed session.

§ 2. The Court to which the case was referred, is bound by order of referral. This does not apply to transfer the case to the Administrative Court, as well as in.

§ 3. The steps made in the Court of the wrong shall remain in force.

Article. 60. [Revocation complaints] the complainant may withdraw the complaint. Withdrawal of the complaint involves a court. However, the Court considers the withdrawal of a complaint inadmissible if it seeks to circumvent the law or would maintain an act or activity affected by the flaw.

Article. 61. [effects of complaint] § 1. Bringing a complaint does not suspend implementation of the Act or acts.

§ 2. In case of complaint: 1) a decision or order of the authority which issued the decision or order, you may pause, of its own motion or at the request of the applicant, their execution in whole or in part, unless there are indications that in administrative proceedings shall be subject to the giving of the decision or order to give immediate enforceability, or when a specific Act excludes the withholding of their execution;

2) on other acts or activities from the scope of the public administration for permissions or obligations arising from the provisions of the law is the competent authority may, on its own initiative or at the request of the applicant, suspend the execution of the Act or acts in whole or in part;

3) resolutions of the bodies of territorial self-government units and their relationships and to acts of government authorities of the field-the competent authority may, on its own initiative or at the request of the applicant, suspend the implementation of the resolution or act in whole or in part, with the exception of the provisions of local law which entered into force.

§ 3. After receipt of the complaint to the Court, the Court may, at the request of the applicant to issue an order to withhold the implementation, in whole or in part, the Act or acts, referred to in § 1, if there is a danger of injury or causing hard-to-reverse the effects, with the exception of the provisions of local law which entered into force, unless a special Act exclude suspending their execution. The refusal to suspend implementation of the Act or acts by the authority does not deprive the applicant of submission of the application to the Court. This also applies to the acts issued or taken in all proceedings within the limits of the same case.

§ 4. The provisions prohibiting the Act or acts issued on the basis of § 2 and 3, the Court may change or revoke at any time in the event of a change of circumstances.


§ 5. The provisions referred to in paragraph 3 and 4, the Court may issue a private session.

§ 6. Suspension of implementation of the Act or acts shall be repealed as from the date of a court judgment: 1), taking into account the complaint;

2) on which the ruling dismissing the complaint.

Article. 62. [hearing Preparation] Presidents or designated judge: 1) manages the complete Act necessary to resolve the matter and, if necessary, other evidence;

2) indicates the composition Panel, appointed in the manner referred to in article 2. 17;

3) specify the period of discreet meeting or hearing, in which the matter is to be resolved.



Chapter 3 application for initiation of Art. 63. [initiation] If the law so provide, the proceedings shall be initiated upon request.

Article. 64. [the proposal], § 1. The request is made directly to the Court.

§ 2. The application should do comply with the requirements of the letter in court proceedings, and, in addition, include a determination of the claim, its base and the reasons for and the identification of the parties and bodies, as well as meet other requirements set out in the specific rules.

§ 3. The application shall apply mutatis mutandis the provisions of the complaint, if the law does not stipulates otherwise.



Chapter 4 Service Article. 65. [Service letters in legal proceedings], § 1. The Court Service is made by the postal operator within the meaning of the Act of November 23, 2012 – the postal Law (OJ reference, 1529), by their staff or by other authorized persons or bodies by the Court.

§ 2. To the service of the writings in a judicial proceeding by the postal operator, the service mode of judicial writings applies in civil proceedings, if the provisions of this chapter provide otherwise.

§ 3. The letter can also be received via fax or electronic mail. In this case, proof of delivery is confirmation of the data transmission.

Article. 66. [Direct service writings] § 1. In the course of the case, lawyers, solicitors, tax consultants and patent attorneys generally serve one another Scriptures directly with acknowledgement of receipt and indication of date or by registered mail. In the body of the pleading to the Court shall include a statement of the receipt of a copy of the letter to the other party or its grant by registered post. The letter containing the above statements shall be repaid without a call to delete this.

§ 2. Delivery to the addressee may be effected by handing in the letter directly in the registry of the Court.

§ 3. The provision of § 1 does not apply to bring an action, Cassation, complaints, objections, complaints about the resumption of the proceedings and complaints about the finding of the illegality of the final judgment.

Article. 67. [writings of Recipients] section 1. If the party is a natural person, service shall be effected her personally, and when it does not process capability – its legal representative.

§ 2. The letter in court proceedings or for a legal person, as well as the organizational unit does not have legal personality, shall be served on the authority entitled to represent them before a court or into the hands of the employee authorized to receive.

§ 3. The letter in court proceedings for entrepreneurs and partners of commercial companies, entered in the register on the basis of separate provisions, are served to the address in the register, unless the party indicated a different address for service.

§ 4. In the event of the impossibility of the service in the manner set out in section 3, shall apply by analogy article. 70, § 2.

§ 5. If the proxy has been established or a person authorised to receive letters in court proceedings, service shall be made to those.

Article. 68. [service of writings in the holidays from work or in night time] § 1. On public holidays, and in the night time, service may be made only in exceptional cases, a prior order of the President of the Court.

§ 2. By the time the night shall be deemed the time from twenty-one until the seventh.

Article. 69. [Place of service] Service is carried out in the apartment, at the place of work or where the recipient will be.

Article. 70. [notification to the Court to change his place of residence or address] § 1. The parties and their representatives are required to notify the Court of any change in his residence or address for service.

§ 2. In the event of negligence, this letter is left in the case file of the service, unless the new address is known to the Court. The above obligation and the consequences of its failure to comply with the Court should instruct the page on first service.

§ 3. The provision of § 2 shall not apply to service of the complaint about the resumption of the proceedings.

Article. 71. [service of the writings of soldiers and prisoners] § 1. Service soldiers basic military service shall be effected through the Commander of the military unit where a soldier fully.

§ 2. Service to persons deprived of liberty shall be made through the appropriate administration.

Article. 72. [the service in the absence of the addressee in the apartment] § 1. If the recipient is not serving in a flat, it can serve the writing adult domownikowi, and if it was not-home manager or janitor, if they do not have conflicting interests in the case and decided to cast him.

§ 2. If the service is carried out in the workplace, you can deliver the letter to the person authorised to receive letters.

Article. 73. [substitute service] 1. In the event of the impossibility of delivery of the letter in the same manner as provided for in article 4. 65-72, it consists of a period of fourteen days in the postal service within the meaning of the Act of November 23, 2012 – the postal Law or at the Office of the municipality, making at the same time, the notification referred to in § 2.

§ 2. Notice of deposit letter together with information about its reception in the postal service or the municipal office within seven days from the date of the leave, shall be entered in the oddawczej mailbox, and when this is not possible, on the doors of houses and the addressee or in the place indicated as the address for service, on the door of the Office or other premises where the recipient shall carry out their professional activities.

§ 3. In the case of failure of the letter within the time limit referred to in § 2, left to the second notice of the possibility of receiving the letter not later than fourteen days from the date of the first notice of the letter in the mailbox service or at the Office.

§ 4. Delivery shall be deemed to have been effected at the end of the last day of the period referred to in section 1.

Article. 74. [refusal letter by the addressee] § 1. If the addressee refuses to accept the letter, returns to the Court with a note about the refusal of its adoption and the date of refusal. The letter, along with a note attached to the file of the case.

§ 2. In the case referred to in § 1, it is considered that the letter was delivered on the day of the refusal of its acceptance by the addressee.

Article. 75. [service of copies of the Scriptures] Letter in court proceedings and the judgment shall be served in write-offs.

Article. 76. [Multiple authorized for service] paragraph (1). Delegate a few individuals are served a copy of the letter and attachments.

§ 2. Notified by several participants to receive the letters in court proceedings are served one copy for each participant.

§ 3. If there is more than one the one hand, the Court handed the letter to only one of them.

Article. 77. [acknowledgement of receipt letter] § 1. Recipients shall acknowledge receipt of the letter and the date of your signature. If you cannot or do not want to make, serving the same means the date of service and the reasons for the lack of a signature.

§ 2. Serving notes on receipt served, and registered as received the letter marks the day of service and provides this statement with your signature.

Article. 78. [a guardian ad litem] If side, which place of residence is not known to be served a complaint or other writing in legal proceedings or decision giving rise to the need for the defence of its rights, the service may until the Declaration of a party or its representative or agent only into the hands of the curator, established at the request of the person concerned by a court panel.

Article. 79. [establishment of guardian] § 1. The Court shall establish a guardian if the applicant uprawdopodobni that place of residence is not known. Order of the Court in private session.

§ 2. On the establishment of the President publicly announce Court Building Superintendent and the Office of the appropriate municipality, in the matters of greater importance, when it deems it necessary, also in the press.

§ 3. At the moment of delivery of the letter curator service becomes effective. The Court may, however, make the effectiveness of the delivery of the end of the designated period from the date of display of the notice in the building.

§ 4. Activities referred to in § 1-3 may perform legal Secretary Court.

Article. 80. [Curator for organizational units that do not have bodies] Provisions of the receipt page, whose place of residence is not known, and the setting for her guardian shall also apply to the organizational units that do not have the authority or authorities are unfamiliar with.

Article. 81. [Unreasonable appointment of guardian for service] When it is discovered that guardian request or display the letter was not justified, the Court will order the service of a document in a way that is appropriate, and, where necessary, lift at the request of the party concerned an investigation carried out with the participation of the guardian or wywieszeniu letter in the Court building.



Chapter 5 the time limits Article. 82. [this period begin to run the Court] the period designated by the Court or the President (of the Court) starts with the announcement in the subject matter of the provision or order, and when the law provides for the delivery of the Office from his service.

Article. 83. [calculation of time limits] § 1. The time limits shall be calculated according to the provisions of civil law, subject to § 2.

§ 2. If the last day of the period falls on a Saturday or a public holiday or non-working, for the last day of the period shall be deemed the next day after day or days free from work.


§ 3. Putting a letter in the Polish postal service designated operator within the meaning of the Act of November 23, 2012 – the postal Law or the postal service provider postal service provider in another Member State of the European Union, the Swiss Confederation or a Member State of the European free trade agreement (EFTA)-website of the agreement on the European economic area, or Polish consular office is tantamount to bringing him to court.

§ 4. The same applies to the submission of a letter by a soldier in a military unit command or by a person without freedom in the administration of the establishment or a criminal detention and the Polish ship crew member in the master of the vessel.

Article. 84. [Extending and shortening time limits] the President may extend the time limit of the Court valid reason of its own motion or at the request of a Party requested before the end of the period, as well as shorten the bailiff at the request of a party.



Chapter 6 the failure and restoration of period Art. 85. [Ineffective actions taken after the date of] the Act in a judicial proceeding taken by a party after expiry of the time-is ineffectual.

Article. 86. [relief] § 1. If a party made within steps in a judicial proceeding without fault, the Court at its request decides to restore the term. Provision for restoration of the term or refusal of its restoration may be issued in private session.

§ 2. Relief is not allowable if the failure does not cause for the negative effects in terms of legal proceedings.

§ 3. The provision for restoration of the term or the refusal of its restoration are entitled to appeal.

Article. 87. [request for relief] § 1. [2] the letter of request for restoration of the term be brought before the Court in which the action was supposed to be made within seven days after the time of cessation of the cause of the failure.

§ 2. In the letter, you should lend credence circumstances indicating lack of fault in uchybieniu.

§ 3. The request for restoration of the term for filing a complaint be lodged through the body action, inaction or chronic proceedings are the subject of the complaint.

§ 4. At the same time as the proposal page should make steps, which is not made within the time limit.

§ 5. One year after the uchybionego deadline, its restoration is acceptable only in exceptional cases.

Article. 88. [the rejection late or inadmissible the request for restoration of the term] Late or inadmissible under the Act a request for restoration of the term, the Court rejects a private session. The order shall be entitled to appeal.

Article. 89. [suspension of the proceedings or enforcement] request for restoration of the term shall not prevent proceedings or enforcement. However, the Court may, if appropriate, suspend the proceedings or enforcement of a judgment. The order may be issued on the closed session. In the event of an account application, the Court may immediately proceed to resolve the matter.



Chapter 7 meeting of judicial authorities Art. 90. [open sessions], § 1. If special provision provides otherwise, meetings of the Court are public, and the Court, the Panel recognizes the case at trial.

§ 2. The Court may refer the matter to the meeting of the explicit and designate the hearing also when the case is identifying a private session.

Article. 91. [the designation of meeting], § 1. The President shall designate a judicial meeting, whenever required by the status of the case.

§ 2. About explicit sessions shall be communicated to the parties in writing or by announcement at the meeting. The page is not present on the open court should always be served with the notice of the next meeting. The notification must be served at least seven days before the meeting. In urgent cases, this period may be reduced to three days.

§ 3. The Court may, in order to further clarify the matter order appearance of the parties or one of them personally or by proxy.

Article. 92. [the participation of the Prosecutor in proceedings], § 1. Proceedings before a court takes place with the participation of the public prosecutor, the Ombudsman or the Ombudsman on the rights of the child, if you have made a complaint or reported a stake in the proceedings before the Court.

§ 2. The absence of the public prosecutor, the Ombudsman or the Ombudsman on the rights of the child at a hearing shall not prevent identification of the case by the Court.

Article. 93. [content of the notification of the meeting] in the notice of meeting shall be: 1) the first name, last name, or the name and seat of the zawiadamianego and the address zawiadamianego;

2) Court and the time and place of the meeting;

3) the complainant and the subject matter of the case;

4) the objective of the meeting;

5) the effects of the appearance.

Article. 94. [Place of meetings] judicial Meetings are held in the Court building, and the building only with due observance of the requirements for improving the safety, when the legal steps must be taken in a different location, or make the meeting outside the Court makes it easier to carry out or contribute much to save costs.

Article. 95. [Introduction to the meeting] to the meetings of the public access to the courtroom to-outside parties and wezwanymi is only for adults. The meetings are classified only persons invited.

Article. 96. [Sitting by the door closed] § 1. The Court of its own motion manages to make all or part of the meeting in camera, if the diagnosis of public affairs endangers the morality, the safety of the State or public order, as well as when it might be disclosed the circumstances constituting the classified information.

§ 2. The Court at the request of the party manages to make a closed door meeting, where this is necessary for the protection of private life of a party or other important private interest. The proceeding concerning this application is done with the door closed. Provision on the matter, the Court shall announce to the public.

Article. 97. [Introduction to the meeting at the door closed] § 1. During a meeting held at the camera may be present in the courtroom: the parties, their legal representatives and agents, the Prosecutor and the person of trust after the two on each side.

§ 2. The announcement of the decision terminating the proceedings shall take place in public.

Article. 98. [Powers of the President] § 1. The Chairman opens, runs, and closes the meeting, voice, asks questions, to ask questions and announce the decision.

§ 2. The President can pick up voice, when a speaker it abuses, as well as set aside a question if it considers them to be inappropriate or unnecessary.

Article. 99. [postponement of meeting] Court even on the proposal of the parties may defer the meeting only with valid reason.

Article. 100. [Protocol or an official note from the meeting], § 1. With the course of the meeting taken by explicit under the guidance of the Chairman of the working Protocol.

§ 2. Discreet meeting shall be an official note, if not issued a decision.

Article. 101. [text of the Protocol], § 1. The Protocol should include: 1) the Court, places and dates of the meeting, the names of the judges, reporting clerk, Attorney, pages, as well as on the meeting of the legal representatives and agents and the identification of issues and mention as to disclosure;

2) process, in particular the conclusions and assertions parties to list the orders and decisions issued at the meeting and a statement as to whether you have been announced; If you draw up a separate appeal of the judgment is not required, sufficient for inclusion in the minutes of the content of the decision; instead of giving the conclusions and assertions can be in the Protocol rely on scripture to prepare;

3) operations of the Parties relevant to the adjudication of the matter.

§ 2. The Protocol shall be signed by the Chairman and the recorder.

Article. 102. [other ways to reinforce the steps] Process protokołowanych activities can be also incorporated using sound equipment, which should be before the apparatus to warn all persons participating in the activities.

Article. 103. [Correction or supplement the Protocol] Parties may request corrections or additions to the Protocol for the next session, but not later than within thirty days from the date of the meeting, from which it is drawn up. From the order of the President of the party may have recourse to a court within seven days of service of the order.

Article. 104. [Annexes to the Protocol] in the course of the meeting conclusions, statements, complement and rectification proposals and statements can be included in the annex to the Protocol. When a page is replaced by an advocate, legal advisor, tax advisor or patent attorney, the President may request the submission of such annex within the prescribed period.

Article. 105. [notification of reservations to the Protocol] Parties may in the course of the meeting, and if it were not present, at the next meeting, to draw the attention of the Court for failure to conduct regulations, to enter reservations to the Protocol. The site, which claims not reported do not have the right to invoke such failure in the further course of the proceedings, unless the rules of conduct, which breach the Court should take into account of its own motion, or when the page uprawdopodobni that made reservations without fault.

Article. 106. [Process hearing] § 1. After calling the case the hearing begins with the magistrate reports that succinctly outlines on the basis of the Act of the State of affairs with particular reference to the allegations of the complaint.

§ 2. After the submission of the report, the first complainant, then the authority – notify the word your requests and applications and shall explain. The parties may also indicate the legal basis and their demands and proposals. The President shall give a voice to the other parties according to the established order.


§ 3. The Court may of its own motion or at the request of the parties to carry out the supporting evidence, if it is necessary to clarify important doubts and will not result in excessive prolongation of the proceedings.

§ 4. Commonly known facts, the Court shall take into account, even without the appointment to the parties.

§ 5. To the taking of evidence referred to in paragraph 3, shall apply by analogy the provisions of the code of civil procedure.

Article. 107. [the absence at the hearing] the absence of the parties or their representatives at a hearing shall not prevent identification of the matter.

Article. 108. [Presentation of applications and the evidence of the parties absent] in the absence of the parties or its representative at the hearing, the Chairman or designated by the judge rapporteur shall submit their applications, claims and evidence contained in the case file.

Article. 109. [Postponement of the trial] Hearing is deferred, if the Court finds an irregularity notice to either party or if the absence of a party or its representative is called an extraordinary event or other known to the Court an obstacle that cannot be overcome unless the party or its representative brought about the diagnosis of the case in their absence.

Article. 110. [Postponement of the trial] Hearing is deferred, if the Court decides to inform the ongoing judicial proceedings individuals who did not take part in the case as the parties.

Article. 111. [Total diagnosis cases] § 1. The Court manages the combination of several separate cases pending before him, with a view to their total diagnosis or if the settlement also may be covered by one complaint.

§ 2. The Court may order a combination of several separate cases pending before him, with a view to their total diagnosis or also, if settlement remain in the relationship.

Article. 112. [tax evasion from the authority to comply with the provisions of the Court] in the case of tax evasion from the authority to comply with the court order or order of the President of the measures taken in the course of proceedings and in connection with the case, the Court may rule that the infliction of authority fines of referred to in article 1. 154 § 6. The order may be issued on the closed session. The recipe article. 55 § 3 shall apply mutatis mutandis.

Article. 113. [Closing hearing] § 1. The Chairman closes the hearing when the Court considers the case to be sufficiently explained.

§ 2. You can close a hearing in the case, when it has to be carried out even supplementary proof of documents known to the parties and the conduct of the hearing as to the evidence the Court deems unnecessary.

Article. 114. [Appeal from decisions of the President in the course of the hearing] from decisions of the President in the course of the hearing, the parties may refer to the time of the closure of the hearing, the court seised of the case.



Chapter 8 mediation and simplistic Article. 115. [request for mediation] § 1. At the request of the appellant or the authority, made before fixing the hearing, may be carried out mediation, which aims to clarify and consider the facts and legal issues of the case and the adoption by the parties to the memorandum of understanding as to how to do it within the limits of applicable law.

§ 2. Mediation proceedings may be carried out despite the lack of application of the parties to such proceedings.

Article. 116. [Process mediation] § 1. Mediation leads to judge or legal Secretary of the court appointed by the Chairman of the Department.

§ 2. The mediation meeting is held with the participation of the parties.

§ 3. With the course of the mediation meeting seems the Protocol, which shall be shown the position of the parties and, in particular, made by the parties to determine how to settle the matter. The minutes shall be signed by the leading mediation and page.

Article. 117. [Fixing pages as to how settlement] § 1. On the basis of the findings made in pretrial, repeals or amends the contested act or perform or take other action as appropriate to the circumstances of the case within its jurisdiction and powers.

§ 2. If the parties do not make findings as to how to do things, it is subject to recognition by the Court.

Article. 118. [action on an act or action of given or taken on the basis of the findings of] § 1. The Act issued on the basis of the findings referred to in article 1. 117 section 1, you can bring a complaint to the provincial administrative court within thirty days from the date of notification of the Act or exercise or take action. The complaint the Court recognizes, including a complaint to have been brought on to the Act or action in which mediation was carried out.

§ 2. If action on the Act or action of given or taken on the basis of the findings referred to in article 1. 117 section 1, shall not be brought or a complaint is dismissed, the Court declares the proceedings in the case, in which mediation was carried out.

Article. 119. [simplified Proceedings] case can be resolved in simple mode if: 1) a decision or order are tainted by the nullity referred to in article 14(2). 156 section 1 of the administrative code of conduct or other rules or have been issued in violation of the law provides the basis for the resumption of the proceedings;

2) page application for the report to refer to identify in simple mode, and none of the other parties, within fourteen days of the notification of the application does not request the conduct of hearing;

3) the subject of the complaint is the order issued in administrative proceedings, which is a complaint or terminating the proceeding and order prevail on the merits of the case and the provisions issued in enforcement proceedings and detention order, which serves the complaint;

4) the subject of the complaint is idle or chronic conduct of the proceedings.

Article. 120. [Resolving matters in simple mode] in the simplified mode, the court resolves the case in private session, sitting with three judges.

Article. 121. [Referral of the case to identify in simple mode] case could also be resolved in simple mode in the case referred to in article 1. 55 section 2.

Article. 122. [referral to normal] court seised in simplified mode, may refer the matter to the hearing.



Chapter 9 the suspension and take proceedings Art. 123. [Suspension of proceedings] Proceedings shall be suspended by operation of law in the event of cessation of operations by a court as a result of force majeure.

Article. 124. [Compulsory stay of proceeding from the Office], § 1. The Court shall suspend the proceedings ex officio: 1) in the event of the death of the party or its legal representative, losing their ability to process the loss by the judicial capacity or the legal representative of the nature of such a representative, subject to § 3;

2) if the composition of the organs of the organizational unit that is a party to it lacks to prevent it;

3) If a party or its legal representative is located in the village of lacking as a result of extraordinary events to communicate with the headquarters of the Court;

4) in relation to the insolvency proceedings have been instituted, and the case involves part of the bankrupt estate;

5) in the event of a presentation by the Court in this proceeding questions of law to the Constitutional Court or the Court of Justice of the European Union;

6) in the case referred to in article 1. 56. § 2. In the cases referred to in § 1, paragraph 1 and 4, the suspension has effect from the date of the events that caused them. These events do not, however, suspend judgment, if followed the close of the hearing.

§ 3. Do not suspend the proceedings in the event of the death of a party, if the subject of the proceedings relates only to the rights and obligations of closely associated with the person of the deceased.

Article. 125. [Optional suspension proceedings ex officio] § 1. The Court may stay the proceedings on its own initiative: 1) if the decision of the case depends on the outcome of another pending administrative proceedings, sądowoadministracyjnego, Court, the Constitutional Court or the Court of Justice of the European Union;

2) reveals a deed, which establish by way of a disciplinary or criminal could have an impact on the outcome of the case sądowoadministracyjnej;

3) if as a result of a lack of or wrong indication of the address of the applicant or the applicant's failure to other rules cannot be given on the run;

4) in the event of the death of representative, unless the party works before the Court in person.

§ 2. If the criminal proceedings or administrative is not yet started, and its launch depends on the application side, the Court shall designate a term for the initiation of a proceeding, in other cases it may turn to the competent authority.

Article. 126. [suspension of the proceedings at the request of the Parties], the Court may also suspend the procedure on the proposal of the parties.

Article. 127. [effect of interruption of the proceedings], § 1. In the case of interruption of the proceedings at the request of the parties compatible or inability to give on further gear, suspension of judicial appointments run only pauses that continue to run only from the date of the proceeding.

§ 2. In all other cases, no suspension dates do not run and begin to run only from the beginning of the date of the proceeding. Judicial appointments should, where necessary, designate.

§ 3. During the suspension, the Court will not take any steps, with the exception of those that are designed to take conduct or suspend implementation of the Act or acts. The steps taken by the parties, and not for these items, produce effects only from the date of the proceeding.

Article. 128. [Taking the proceedings] § 1. The Court decides to take the proceedings on its own initiative, when the termination of the cause, in particular: 1) in the event of death, from the date of filing or the indications successors of the deceased, or from the date of the establishment of the correct way drop curator;


2) in the event of loss of judicial capacity, from establishing the General legal successor;

3) in the absence of a legal representative, from its establishment;

4) when the outcome of the case depends on the outcome of other proceedings, from which the decision ending the proceedings it; the Court may, however, and before that, according to the context, to take further proceedings.

§ 2. If within one year from the date of issue of the suspension of the proceeding did not notify or not will be the successors in title of the deceased Party, the Court may of its own motion to a court decline to establish guardian, unless a curator had already been established. This operation can execute legal Secretary Court.

Article. 129. [Taking the proceedings suspended on a consistent request of Parties] in the event of interruption of the proceedings at the request of the parties compatible court decides to take the proceedings at the request of any of them, not earlier than after the expiry of a period of three months from the date of interruption of the proceedings.

Article. 130. [Remission suspended proceedings], § 1. The Court declares it suspended the proceedings: 1) if the application for the proceedings to be frozen at the request of the parties compatible or, for reasons referred to in article 1. 125 § 1, paragraph 3, has not been requested within three years from the date of issue of the suspension;

2) in the event of a finding of lack of the successor in title of a party that has lost its judicial capacity, and in any event after three years from the date of the order to suspend for this reason;

3) in the event of the death of the parties, after a period of five years from the date of the order to suspend the proceedings for this reason.

§ 2. Remission of the suspended proceedings before the Supreme Administrative Court makes the validation to the judgment of the provincial administrative court.

Article. 131. [for the suspension, the decision and prosecute] in the subject matter of the Provision, take up and redemption proceedings may be taken in closed session. The order to suspend the proceedings and the refusal to take proceedings shall be entitled to appeal.



Chapter 10 judicial Article. 132. [Judgment], the Court shall decide the matter by a judgment.

Article. 133. [judgment], § 1. The Court makes a judgment after the close of the hearing on the basis of the case-file, except that the body did not perform the obligation referred to in article 2. 54 section 2. Judgment may be issued on a private session in the simplified proceedings or if the law so provides.

§ 2. A closed court hearing open.

§ 3. The hearing should be open, if important circumstances revealed only after its closure.

Article. 134. [be bound by the limits of court case] § 1. The Court shall decide, within the limits of the case without being bound, however, allegations and conclusions of the complaint and set up legal basis, subject to article 22. 57A. § 2. The Court may not issue a decision to the detriment of the complainant, unless it finds a breach of the law resulting in the finding of invalidity of the contested act or acts.

Article. 135. [Competence of the Court to remove the violations of the law within the limits of the case] the Court shall apply the law provided for measures to remedy the violations of the law in relation to the acts or acts issued or taken in all proceedings within the limits of matter, which concerns the action if it is necessary to end its settlement.

Article. 136. [composition issuing the judgment] judgment can be issued only by judges, which held the hearing, directly preceding the release of the judgment.

Article. 137. [Narada judges] § 1. The Court makes a judgment after consulting classified judges. Process of deliberation and voting on the judgment is secret, and release from the behavior in this respect, secrecy, subject to section 3, it is not acceptable. Narada includes discussion, vote on that collapse the judgment and the essential reasons for the decision and make the operative part of the judgment.

§ 2. The President collects the votes of the judges, starting from the youngest experience as a judge to the Court of administrative proceedings and votes last. The rapporteur, if designated, shall vote first. The judgment of the majority of the falls. A judge who votes disagreed with the majority, it may at the time of signing of the operative part of report dissenting opinion and is obliged to justify them in writing before signing it. Dissenting opinion also may be affected by the same reasoning.

§ 3. Application of the sentence shall be notified to the individual, (a) If a member of the composition of the Panel, which reported a dissenting opinion expressed consent, also his name.

§ 4. A lot of the judgment shall be signed by the entire composition of the Court.

Article. 138. [content of the operative part of the judgment], the operative part of the judgment should include: the designation of the Court, the names of the judges, minute-taker and the Prosecutor, if he was involved in the case, the date and place of the diagnosis of the case and the judgment, your name or the name of the complainant, the subject of the appeal and the decision of the Court.

Article. 139. [Notice of the judgment], § 1. The announcement of the judgment should be made at the meeting, in which the closed trial. However, on the intricate court may defer the announcement of the judgment in time for fourteen days. In order to postpone the Court should designate a date for publication of the judgment and to announce it as soon as possible after the close of the hearing. This time limit may be extended only once and for a maximum of seven days.

§ 2. The announcement of judgment shall be for the open. The absence of the Parties shall not prevent ad. If the announcement was postponed, it may make jednoosobowo the Chairman or one of the judges in the composition of the Panel.

§ 3. Publication of the judgment shall be made by reading the sentence. At the time of the publication of the judgment of all present, with the exception of the Court. After the announcement of the sentences the President or the judge rapporteur shall orally the essential reasons for the decision, however, may waive this if the case was heard at the door.

§ 4. A copy of the operative part of the judgment in private session shall be submitted to the parties, if the reasoning of the judgment shall not be drawn up ex officio.

§ 5. Judgment released on closed session shall be immediately available to the public in the registry of the Court, for a period of fourteen days.

Article. 140. [service of the operative part of the judgment of the Office and the letter the parties acting without professional legal assistance], § 1. Side of acting without a lawyer, legal counsel, tax advisor or patent attorney present at the announcement of the verdict, the President shall give a hint as to the date and how to bring a remedy.

§ 2. Side of acting without a lawyer, legal counsel, tax advisor or patent attorney, which as a result of the deprivation of liberty was not present at the announcement of the judgment, the Court of its own motion within a week of publication of the judgment shall be served a copy of his sentence with the instruction of the date and how to bring a remedy.

§ 3. If the Court shall serve a copy of the operative part of the judgment in private session the side acting without a lawyer, legal counsel, tax advisor or patent attorney instructs her to date and how to bring a remedy.

Article. 141. [justification of the judgment], § 1. Reasons for judgment shall be made ex officio within fourteen days from the date of publication of the judgment or the signature of the operative part of the judgment in private session.

§ 2. In cases where the complaint to be rejected, the reasons for judgment shall be drawn up at the request of a Party requested within seven days from the date of publication of the judgment or the service of the copy of the operative part of the judgment. Reasons for judgment shall be made within fourteen days from the date of filing of the application.

§ 2a. On the intricate, if inability to draw up reasons within the period referred to in paragraph 1 and 2, the President of the Court may extend the term at the time meant, not more than thirty days.

§ 3. The refusal to produce the justification of the judgment follows the provisions issued in private session.

§ 4. Reasons for judgment should contain a brief statement of the status of the case, the allegations raised in the complaint, the positions of the other parties, the legal basis for the settlement and its explanation. If, as a result of the consideration of the complaint, the matter is to be reconsidered by the Administration, the justification should also include an indication as to the further proceedings.

Article. 142. [the service of a copy of the reasoned judgment], § 1. A copy of the reasoned judgment drawn up ex officio shall be served on each side.

§ 2. If the reasons for judgment has been drawn up at the request of a party, a copy of the reasons for judgment are served only this page that made the request.

Article. 143. [signature of justification] reasons for judgment shall be signed by the judges, who took part in his release. If any of the judges cannot sign, the Chairman or another judge of the composition of the Panel notes the judgment of the reason for the absence of a signature.

Article. 144. [be bound by Court issued the sentence] the Court is bound by a judgment issued from the time of his announcement, and if a judgment has been issued a private session, from the signing of the operative part of the judgment.

Article. 145. [decisions of the Administrative Court] § 1. The court having regard to the complaint against the decision or order: 1) quash the decision or order in whole or in part, if it finds: a) the infringement of substantive law, which took effect on the outcome of the case, (b)) the infringement giving rise to the resumption of the administrative proceedings, c) other violations of the provisions of the procedure, if it can have a significant impact on the outcome of the case;

2) annuls the decision or provision, in whole or in part, if there are reasons referred to in article 1. 156 of the administrative code of conduct or other provisions;

3) finds a decision or provision in violation of the law, if the reasons are set out in the code of administrative procedure and other provisions.


§ 2. In cases of complaints against decisions and orders issued in another proceeding, rather than regulated in the code of conduct and in the provisions of the enforcement proceedings in administration, the provisions of section 1 shall apply with regard to the provisions governing the procedure, in which you have issued the contested decision or order.

§ 3. In the case referred to in § 1 (1) and (2), the court stating the basis for remission of the administrative proceedings, while cancellations in this proceeding.



Article. 145a. [Commitment by the Court the authority to issue a decision or provision] § 1. In the case referred to in article 1. 145 section 1 (1) (a). or, if this is justified by the circumstances of the case, the court obliges the authority to issue a decision within the time limit specified or the provisions indicating the way to settlement or decision, unless the decision is left to the discretion of the authority.

§ 2. With the release of the decision or of the provisions referred to in paragraph 1, the competent authority shall notify the Court within seven days from the date of their issuing. ' In the case of niezawiadomienia the Court may rule that the infliction of authority fines of referred to in article 1. 154 § 6. The order may be issued on the closed session.

§ 3. In the event of any decision or the provisions referred to in paragraph 1, within a specified time by the Court, the party may file a complaint by requesting a ruling stating the existence or non-existence permission or obligation. The Court will issue a ruling on the matter, if the circumstances of the case. As a result of the diagnosis of the complaint the Court finds or issue decisions or provisions took place with blatant violation of the law and may also, on its own initiative or at the request of the parties to impose a fine of authority referred to in article 1. 154 § 6 or to grant authority to the applicant the sum of money up to half of the amount referred to in article 1. 154 § 6.

Article. 146. [consideration of the complaint by the Court] § 1. The Court, having regard to the complaint against the Act or action referred to in article 1. 3 § 2 para 4 and 4a, repeals this Act or interpretation or notes to be ineffective. The recipe article. 145 section 1, paragraph 1 shall apply mutatis mutandis.

§ 2. In cases of complaints against Act or action referred to in article 1. 3 § 2 paragraph 4 in its judgment, the Court may consider the permission or obligation arising from the provisions of the law.

Article. 147. [the annulment of the resolution or act], § 1. The court having regard to the resolution of a complaint or an act referred to in article 1. 3 § 2 paragraph 5 and 6 of this Act or resolution annuls, in whole or in part, or notes that have been issued in violation of the law, if special provision disables their annulment.

§ 2. Decision on individual cases, issued on the basis of the resolution or act referred to in § 1, shall be subject to the wzruszeniu as specified in the administrative proceedings or in proceedings in particular.

Article. 148. [Repeal of the Act of surveillance] Court having regard to the complaint against government entities for Surveillance Act repeals this Act.

Article. 149. [taking into account by the court action against the inaction or chronic by the proceedings], § 1. The Court, having regard to the complaint about the inaction or chronic proceedings by the authorities in the cases referred to in article 1. 3 § 2 paragraph 1 – 4 or chronic proceedings in cases referred to in article 1. 3 § 2 paragraph 4a: 1) requires the authority to deliver within the time limit specified, the interpretation Act or to carry out the activity;

2) requires the authority to establish or recognize the rights or obligations arising from the provisions of the law;

3) States that the body has been guilty of inaction or chronic proceedings.

§ 1a. At the same time, the Court finds, or inactivity of the body or chronic by the proceedings took place with blatant violation of the law.

section 1b. The Court, in the case referred to in § 1 (1) and (2), may also rule on the existence or non entitlement or obligation, if the nature of the case and clear the circumstances of reasonable doubt its factual and legal.

§ 2. The Court, in the case referred to in § 1, may also declare of its own motion or at the request of a party for the infliction of fine body referred to in article 1. 154 § 6 or to grant authority to the applicant the sum of money up to half of the amount referred to in article 1. 154 § 6.

Article. 150. [set aside or declare the nullity of an act or actions] in cases of complaints of acts and activities not mentioned in the article. 145-148 of the court having regard to the complaint or ineffective States repealed the Act or acts.

Article. 151. [dismissing] in the event of a failure to take action wholly or partly the Court dismisses the action, respectively, in whole or in part.

Article. 152. [specify the unenforceability of the contested act or actions] section 1. In the case of consideration of complaints about the Act or activity, they do not produce legal effects until the judgment has become final, unless the Court decides otherwise.

§ 2. The provision of § 1 shall not apply to acts of local law.

Article. 153. [be bound by legal and assessment body indicated the Court] legal assessment and indications as to the further proceedings expressed in the judgment of the Court of bind on the authorities, whose action, inaction or chronic proceedings was subject to appeal, as well as the courts, unless the laws have changed.

Article. 154. [Further inaction Administration] § 1. In the event of a default judgment, taking into account the complaint about the inaction or chronic page proceedings, after a written request by the competent authority for the enforcement of a judgment or settlement, may bring an action on the matter, requesting assessment of furnish.

§ 2. The Court, in the case referred to in § 1, may also declare the existence or non entitlement or obligation, if the nature of the case and clear the circumstances of reasonable doubt its factual and legal. At the same time, the Court finds, or inactivity of the body or chronic by the proceedings took place with blatant violation of the law.

§ 3. Execution of a judgment or settlement of the case after the complaint referred to in paragraph 1, does not constitute grounds for remission to the proceedings or dismissal of the complaint.

§ 4. The person who has suffered damage as a result of the failure to the decision of the Court, is a claim for compensation on the basis set out in the Civil Code.

§ 5. The compensation referred to in section 4 shall have the authority, which did not perform the decision of the Court. If the authority within three months from the date of submission of the application for compensation is not paid compensation, the qualified entity may bring an action to court.

§ 6. A fine referred to in § 1, imposes to retry the average monthly salary in national economy in the previous year, issued by the President of the Central Statistical Office on the basis of separate provisions.

§ 7. Having regard to the complaint, the Court may grant authority to pay the applicant the sum of money up to half of the amount referred to in article 1. 154 § 6.

Article. 155. [Notification of supervisors of pleas] § 1. If in the course of resolving the case significant violations of law or circumstances affecting their rise, the composition of the Panel of the Court may, in the form of a provision, inform the competent authority or their supreme bodies of these pleas.

§ 2. The authority that has received the order, is obliged to deal with them and notify the Court within thirty days of the occupied position.

§ 3. In the event of failure to comply with the obligations referred to in § 2, the Court may rule that the infliction of authority fines of referred to in article 1. 154 § 6. The order appears to be a private session.

Article. 156. [Corrected the judgment], § 1. The Court may of its own motion in the corrected inaccuracies, errors of transcription or accountants or other obvious errors.

§ 2. Correcting the Court may decide on the closed session. For rectification shall be placed on the original of the judgment, and at the request of the parties also provided the write-offs. Further copies of the following original document should be taking into account the provision for rectification.

§ 3. If the case goes before the Supreme Administrative Court, the Court may ex officio rectify the judgment of first instance.

Article. 157. [Addendum of the judgment], § 1. A party may, within fourteen days from the service of the judgment of the Office-and when the judgment is served on the side is not as from the date of the notice is a request to supplement the judgment if the Court has not ruled on the whole complaint or not posted in the supplementary decision according to the provisions of the Act should have been included with Office.

§ 1a. The proposal referred to in § 1, requested after the expiry of the deadline, shall be subject to rejection. The Court may issue an order to the closed session.

§ 2. The proposal to supplement its judgment as to the reimbursement of expenses the Court may recognize a private session.

§ 3. Supplementary judgment judgment falls in the form of a judgment, unless a supplement only applies to costs.

Article. 158. [interpretation of the judgment], the Court which made the judgment, resolved by the doubts as to its content. Provision on the matter, the Court may issue a private session.

Article. 159. [request for rectification, the supplement or the interpretation of the judgment] request for correction, supplement or interpretation of a judgment does not affect the time limit for bringing a legal challenge.

Article. 160. [Order] Where this Act makes no provision for judgment, where the Court makes a decision in the form of provisions.

Article. 161. [Order to prosecute] § 1. The Court makes provision for redemption of the proceedings: 1) if the complainant had effectively withdrawn the complaint;

2) in the event of death if the subject of the proceedings relates only to the rights and obligations of closely associated with the deceased person, unless that part on the reports to which the legal interest affected by the outcome of the proceedings;

3) when the proceedings for other reasons has become irrelevant.


§ 2. Order of redemption of the proceedings may be taken in closed session.

Article. 162. [Logging provisions without a separate inventory sentence] the settlement contained in the provisions of endless proceedings, issued at the meetings of the non-confidential, shall be entered in the minutes without a separate inventory of quotes, if not entitled to no complaint.

Article. 163. [the justification provisions] § 1. The provisions announced at the hearing the court warrants when they are actionable, and served on the parties.

§ 2. The provisions issued in closed session, the Court shall be served ex officio to the parties. When you shall have an appeal, the order to be served. Delivering order should be instructed on the applicant party without a lawyer, legal counsel, tax advisor or patent attorney on the admissibility, time limit and how to bring a remedy.

§ 3. The justification referred to in § 1 and 2 must be drawn up within seven days from the date of issue.

Article. 164. [be bound by Court issued order] an order issued in private session is linked from the moment in which it was signed, together with the reasons therefor; If the Court does not justify provisions, from the moment of signing of the order.

Article. 165. [change the provisions as a result of changes in the circumstances of the case] the provisions of endless proceedings can be lifted and changed as a result of changes in the circumstances of the case, even if they were contested or even valid.

Article. 166. [the appropriate application of the provisions of] the provisions shall apply mutatis mutandis the provisions of criminal, if the law provides otherwise.

Article. 167. [the order of the President] the provisions of this chapter shall apply mutatis mutandis to the orders of the President.



Article. 167a. [provisions applicable to regulations and the provisions of the Office of the clerk of the Court], § 1. To the regulations and the provisions of the Office of the clerk of the Court shall apply mutatis mutandis the rules relating to the orders of the President and of the provisions of the Court.

§ 2. From the orders and regulations the clerk of the Court referred to in article 1. 30 section 1, art. 49 § 2 and art. 234 section 2, shall be entitled to object. The opposition recognizes the Court, which issued the contested judgment.

§ 3. In the event of opposition to order or order against which it was lodged, is hereby repealed.

§ 4. The objection shall be lodged with the Court within seven days from the date of delivery of the site or provision of Ordinance of the clerk of the Court, unless otherwise provided by special provision.

§ 5. The opposition lodged after the expiry of the deadline, the Court rejects.

§ 6. The Court hears the case as the Court of first instance, unless otherwise provided by special provision.



Chapter 11 the legitimacy of judgments Article. 168. [Validation judgment], § 1. The decision of the Court becomes final, if not eligible for appeal to it.

§ 2. Despite the inadmissibility of a separate appeal do not become final provisions subject to recognition by the Supreme Administrative Court, when the Court hears the matter, in which it was issued.

§ 3. If zaskarżono only part of the judgment, it becomes valid in part, the rest of the expiry of the time for appeal, unless the Supreme Administrative Court may of its own motion to recognize the case also in this section.

Article. 169. [Finding legitimacy] § 1. The legitimacy of the decision States at the request of a party, and in the case referred to in article 1. 286, section 1 of the provincial administrative court in private session. The order shall be served only the page that made the request.

§ 2. Order stating the validity of the judgment of the provincial administrative court may issue a legal Secretary.

Article. 170. [powers of the material] Final Judgment involves not only the parties and the Court that issued them, but also other courts and other State bodies, and in the cases provided for in other people.

Article. 171. [the force of Gravity] Final Judgment has the force of gravity only as to what in the context of the complaint was the subject of settlement.

Article. 172. [annulment of a final judgment] the Supreme Administrative Court invalidates the final judgment of the Administrative Court issued on that because a person or item not subject to Administrative Court recently held at the time of the rule and rejects the complaint, if the decision cannot be wzruszone as provided for in the Act. The Court at the request of the President of the Supreme Administrative Court. To recognize the request shall apply mutatis mutandis the provisions of diagnosis appeal.



SECTION IV Chapter 1 appeal Cassation Article. 173. [Permission to appeal] § 1. From the certificate issued by the provincial administrative court judgment or the provisions of the end of the procedure, with the exception of the cases referred to in article 1. 58 § 1 point 2 – 4, art. § 1 and article 161. 220 section 3, shall be entitled to appeal in cassation to the Supreme Administrative Court.

§ 2. Cassation can bring home, Prosecutor, Ombudsman or the Ombudsman on the rights of the child after the receipt of the copy of the judgment the reasons for it.

Article. 174. [grounds for appeal in cassation] Cassation can be based on the following grounds: 1) infringement of substantive law by misinterpreting his interpretation or misapplication;

2) infringement proceedings if failure it could have a significant impact on the outcome of the case.

Article. 175. [lawyer] § 1. Appeal in cassation shall be drawn up by a lawyer or solicitor, subject to § 2 and 3.

§ 2. Provision of section 1 shall not apply if the Cassation shall judge, Prosecutor, notary public, State Attorney-General Counsel of the Treasury or the Professor or Associate Professor doctor of legal science party, its representative or delegate or cassation asks the Prosecutor, Ombudsman or the Ombudsman on the rights of the child.

§ 3. Appeal in cassation may be done by: 1) tax advisor – tax and customs matters and in matters of administrative enforcement related to these obligations;

2) patent-in industrial property matters.

Article. 176. [content of appeal] § 1. Appeal in Cassation should contain: 1) the indication of the contested judgment, with an indication of whether it is contested in its entirety or in part;

2) cite some basics of appeals and the reasons for them;

3) an application to set aside or vary a judgment with the indication of the scope of the requested repeal or amendment.

§ 2. In addition to the requirements referred to in § 1, the Cassation should do comply with the requirements provided for in the letter and include a request for her to identify at the hearing or a declaration of surrender pursuant to the hearing.

Article. 177. [the deadline for filing of appeal] § 1. Cassation is lodged with the Court which made the contested ruling or order, within thirty days from the date of service of the website with a copy of the judgment.

§ 2. The deadline for filing of appeal for the parties also involves the public prosecutor, the Ombudsman and the Ombudsman on the rights of the child. However, if the ruling is not handed over to the public prosecutor, the Ombudsman and the Ombudsman on the rights of the child may, within thirty days from the date of the judgment apply to justify the decision and bring the Cassation within thirty days from the date of service of a copy of the judgment the reasons for it.

§ 3. In the event of the establishment under the right lawyer, legal counsel, tax advisor or patent attorney after judgment, on application by a party, which are served with a copy of the decision with the reasons made ex officio or by the party that proposed to prepare a justification for the decision, the deadline for bringing an appeal runs from the date of notification of the representative about his appointment, but no earlier than the date of delivery of the site with a copy of the judgment.

§ 4. If the agent designated pursuant to article 30. 253 § 2 no grounds for bringing an appeal, the Court shall, within the time limit for bringing an appeal in cassation, done by myself of the opinion on the subject, together with a copy for the site for which it was established. The Court shall serve a copy of the opinion page. The deadline for bringing an appeal by a party shall run from the date of service of a copy of the opinion, the Court instructs the page by making service.

§ 5. The provision of § 4 the third sentence shall not apply if the Court finds that no opinion has been drawn up with due observance of the principles of due diligence. In such a case, the Court shall notify the appropriate regional Bar Council, by the Council of the Regional Chamber of legal advisors, the National Council of tax consultants or the National Council of patent attorneys, which shall appoint another representative.

§ 6. In the case of a refusal to grant assistance in the establishment of a lawyer, legal counsel, tax advisor or patent attorney upon request, referred to in § 3, the time limit for bringing an appeal may not start earlier than from the date of service of the site, and if a party brings an appeal on this provision is earlier than the date of notification of the provisions of the previous investigation on the subject.

Article. 177a. [the term deficiencies] if the appeal in cassation does not meet the requirements provided for in article 3. 176, other than to cite some the basics of appeals and their rationale, the President calls on the party to remove shortcomings within seven days, under pain of rejection of the complaint.

Article. 178. [rejection of appeal] Provincial Administrative Court rejects Cassation judges deliberated on the expiry or otherwise objectionable, as well as Cassation whose shortcoming page is not revised in time.




Article. 178a. [waiver of Appeal sitting as a result of the withdrawal of a complaint] Provincial Administrative Court barred a private session kasacyjne proceedings, if the party successfully pulled back before the Cassation presentation along with the Supreme Administrative Court matters acts. The order shall be entitled to appeal.

Article. 179. [the answer to cassation] which has not brought an appeal in cassation, can bring to the provincial administrative court the answer to cassation within fourteen days of the service of her appeal. After the expiry of the deadline for a reply or response service order after the person lodging the complaint made, the provincial administrative Court of Cassation will present without delay together with the Supreme Administrative Court case acts and response.



Article. 179a [annulment proceedings by the provincial administrative court] if the appeal in cassation before the Supreme Administrative Court of the provincial administrative court is satisfied that there is on the nullity of the proceedings or grounds for appeal are obviously justified, repeals the contested judgment or order resolving at the request of the party of the reimbursement of the costs of the procedure of Cassation and in the same meeting again recognizes. From the judgment delivered shall be entitled to appeal in cassation.

Article. 180. [rejection of the appeal by the NSA] [3], the Supreme Administrative Court in private session rejects the Cassation, if it followed the rejection by the provincial administrative court, or return it to ago a court in order to eliminate the observed deficiencies.

Article. 181. [the composition of the Court to entertain the appeal] § 1. The Supreme Administrative Court recognizes the Cassation hearing, sitting with three judges, unless otherwise provided by special provision.

§ 2. The Supreme Administrative Court, ruling on cassation against the judgment, it seems, and recognizing the Cassation of the provisions-it seems.

Article. 182. [recognize the appeal in private session] § 1. The Supreme Administrative Court may recognize a private session Cassation from the provisions of the provincial administrative court ending the investigation.

§ 2. The Supreme Administrative Court recognizes the Cassation in private session, when the site, which it brought, surrendered, and the other parties, within fourteen days from the date of delivery of the appeal, I do not have requested to carry out the hearing.

§ 3. In private session the Supreme Administrative Court adjudicates in the composition of one judge, and in the cases referred to in § 2, composed of three judges.

Article. 183. [Nullity proceedings], § 1. The Supreme Administrative Court hears the matter within the limits of the appeal in cassation, however, takes into consideration ex officio the nullity of the proceedings. The parties may on a new justification for the basics of appeals.

§ 2. The nullity of the proceedings there is: 1) if the Court Road was inadmissible;

2) If a party does not have the capacity or procedural body to represent or legal representative or agent of the page was not properly fastened;

3) if in the same case proceedings are pending before the administrative court initiated before or if the case has already been legally judged;

4) if the composition of the court seised of the case was contrary to the law or if the diagnosis of the case involved a judge excluded by statute;

5) if the party was deprived of possible defense of their rights;

6) if the provincial administrative court ruled in the case in which the Supreme Administrative Court is competent.

Article. 184. [appeal Dismissed] the Supreme Administrative Court dismissed the appeal on points of, if there is no justified grounds or if the contested judgment despite the erroneous reasoning corresponds to the law.

Article. 185. [to take account of the appeal and refer the case back to the] § 1. The Supreme Administrative Court in the case of consideration of appeal repeals the contested judgment in full or in part and refer the matter back to the Court which made the judgment, and if this Court could not recognize her in a different composition to another court.

§ 2. In the event of a referral back to the Court recognizes it in another.

Article. 186. [set aside the judgment in its entirety] the Supreme Administrative Court recognizing the Cassation judgment shall be repealed in part of the niezaskarżonej, if the invalidity of the proceedings.

Article. 187. [Legal Issues], § 1. If the appeal in cassation the question emerges in resolving serious legal doubts, the Supreme Administrative Court may defer the recognition of the case and to present the issue to settle the composition seven judges of this Court.

§ 2. The resolution of the composition of the seven judges of the Supreme Administrative Court is binding in a particular case.

§ 3. The Supreme Administrative Court composed of seven judges may take the matter to resolve.

Article. 188. [Diagnosis of the case by the Supreme Administrative Court] the Supreme Administrative Court in the case of consideration of appeal, avoiding the contested judgment, recognizes a complaint if it considers that the essence of the matter is sufficiently clarified.

Article. 189. [rejection of complaints or remission procedure] if the action continued to reject or there were grounds for remission to the proceedings before the regional administrative court, the Supreme Administrative Court repealed by order issued on the judgment and rejects the complaint or redeems.

Article. 190. [be bound by court interpretation of law made by the NSA] Court to which the case was referred, is related to the interpretation of the law to have been made in this case by the Supreme Administrative Court. You cannot resist the appeal from a judgment after the diagnosis of the case on grounds contrary to the interpretation of the rights established in this case by the Supreme Administrative Court.

Article. 191. [identification of provisions not subject to actionable] the Supreme Administrative Court, at the request of a party, also hears these provisions of the provincial administrative court, which were not actionable by complaints, and have an impact on the outcome of the case.

Article. 192. [suspension of the proceedings before the NSA] with the exception of the cases referred to in article 1. 123-125, proceedings before the Supreme Administrative Court shall be suspended only on the proposal of the parties.

Article. 193. [proceedings before the Supreme Administrative Court] if there are no specific provisions of the proceedings before the Supreme Administrative Court, the proceedings shall apply mutatis mutandis the provisions of the proceedings before the regional administrative court, the Supreme Administrative Court justifies ex officio rulings and conditions within a period of thirty days. Reasons for judgment dismissing Cassation shall contain an assessment of the allegations, the appeal in cassation.



Chapter 2 the complaint Article. 194. [complaint provision] § 1. A complaint to the Supreme Administrative Court shall be entitled to the provisions of the provincial administrative court in cases provided for in the Act, and the provisions of the: 1) refer the case to the Administrative Court;

1A) rejecting a complaint in cases referred to in article 1. 58 § 1 point 2 – 4 and art. 220 § 3;

1B) remission;

2) withholding or refusing to suspend the enforcement of a decision, the provisions of another act or acts referred to in article 1. 61;

3) (repealed);

4) refusal to produce a justification of the judgment;

5) rectification or interpretation of a judgment or refusal;

5A) rejection of an application for a supplement of judgment or refusal of its account;

6) distance application for exclusion of a judge;

7) the rejection of the appeal;

8) the rejection of the complaint;

9) reimbursement of costs of the proceedings, if a party does not appeal;

10) the punishment to a fine.

§ 2. The complaint must be lodged within seven days of service provision.

§ 3. The complaint should do comply with the requirements prescribed for the letter in court proceedings and include an indication of the contested provisions and application for its amendment or repeal, as well as a brief justification for the claim.

§ 4. The complaint, which subject is the rejection of the appeal, should be drawn up by a solicitor or a solicitor. The recipe article. 175 paragraph 2 and 3 shall apply mutatis mutandis.

Article. 195. [Bringing complaints] § 1. Files of the case along with the complaint to the Administrative Court, as well as shows the WSA after receipt of the complaint to the other parties. The answer to the complaint may be brought directly to the Supreme Administrative Court within seven days of service of the complaint.

§ 2. If the complaint alleges the nullity of the proceedings or is of course justified, the provincial administrative court, which issued the contested order, can a private session, not by an act of the Supreme Administrative Court, set aside the contested order and, where necessary, to resolve the case. From again issued appeals have provisions on general principles.

§ 3. Zażaleniowe if the proceedings became devoid of purpose before submitting a complaint to the Administrative Court, as well as Affairs acts together with, the provincial administrative court deliberated redeems it. The order shall be entitled to appeal.

Article. 196. [suspension of the feasibility of the contested provisions of] the provincial administrative court may suspend the execution of the contested provisions of the pending settlement of the complaints. Such a provision can be taken in private session.

Article. 197. [complaints procedure] § 1. The Supreme Administrative Court hears a complaint against a private session.

§ 2. To the proceedings as a result of the complaint shall apply mutatis mutandis the provisions of an appeal in cassation complaint, with the exception of article 5. 185 § 2.


Article. 198. [the complaint to the President of the Ordinance] the provisions of this chapter shall apply mutatis mutandis to the complaints on the orders of the President, if the law provides for the lodging of complaints.



SECTION V costs Chapter 1 reimbursement of conduct between the Parties Article. 199. [Bearing the costs of the proceedings] Parties shall bear the costs of the proceedings associated with his participation in the case, unless otherwise provided by special provision.

Article. 200. [reimbursement of the costs of the proceedings in the case of consideration of complaint] If you take account of the complaint by the Court of first instance shall be entitled to the complainant from the authority that issued the contested act or took the contested act or has been guilty of inaction or chronic proceedings, repayment of the costs necessary to deliberate assertion of rights.

Article. 201. [refund of costs in case of redemption of the proceedings] § 1. The applicant shall be entitled to a refund from the authority in the event of redemption for the treatment of the causes referred to in article 1. 54 § 3.

§ 2. In case of redemption of the proceedings in the case referred to in article. 118 section 2, art. 206 shall apply mutatis mutandis.

Article. 202. [proportionate and fair reimbursement] § 1. If the applicant is more entitled, reimbursement shall be entitled to each of them respectively, to participate in the case.

§ 2. If the powers or duties of the applicants referred to in paragraph 1, related to the subject of the appeal are common, reimbursement of expenses, followed by them jointly and severally.

Article. 203. [refund of the costs of the procedure of Cassation], who brought the Cassation, reimbursement of expenses by the cassation proceedings: 1) from the body-if, as a result of the consideration of further appeal has been repealed by judgment of the Court of first instance, which dismissed the complaint;

2) since the applicant – if, as a result of the consideration of further appeal has been repealed by judgment of the Court of first instance to take account of the complaint.

Article. 204. [refund in the event of dismissal of appeal] in the event of the dismissal of the party which has lodged the appeal Cassation, is required to reimburse the necessary costs incurred by the appeal proceedings: 1) – if the complaint made zaskarżono judgment of the Court of first instance, which dismissed the complaint;

2-If the complainant's complaint made zaskarżono) judgment of the Court of first instance to take account of the complaint.

Article. 205. [the necessary costs of proceedings], § 1. The necessary costs of proceedings by a party either in person or by proxy, who is not a lawyer or a legal adviser, include court costs, incurred by the travel costs to the Court of a party or representative, and the equivalent of earnings or income lost due to appear in court.

§ 2. The necessary costs of the proceedings the parties represented by counsel or a solicitor include their salary, but not higher than the rates of the fees referred to in rules and spending one solicitor or legal counsel, legal costs and the cost of prescribed by the Court appear in the page.

§ 3. The right side of travel costs and lost earnings or income shall be determined and paid according to the rules set out in the provisions of Chapter 2 of title III of the Act of 28 July 2005 on court costs in civil cases (Journal of laws 2010 No. 90, item. 594, as amended).

§ 4. The provisions of § 2 and 3 shall apply mutatis mutandis to the page represented by the tax advisor or patent attorney.

Article. 206. [refund of part of the costs of] the Court may, where appropriate, to withdraw from the order the reimbursement of the costs of the proceedings, in whole or in part, in particular if the complaint has been taken up in part by disproportionate in relation to the value in dispute determined to retrieve the entry.

Article. 207. [the appropriate application of the provisions of] § 1. The provisions of article 4. 202. 205. 206, mutatis mutandis, in cases referred to in article 1. 203. 204. § 2. In exceptional cases the Court may deviate from the order the reimbursement of the costs of the appeal proceedings, in whole or in part.

Article. 208. [reimbursement of expenses caused by page] regardless of the outcome of the cases referred to in article 1. 200. 203. 204. 207 the Court may put the page the duty refund is refused in whole or in part due to her niesumiennym or obviously wrong.

Article. 209. [request for reimbursement] request for reimbursement the Court adjudicates in any judgment which takes account of the complaint and the decision referred to in article 2. 201. 203. 204. 210. [the loss of entitlement to reimbursement] § 1. The party loses the right to reimbursement, if before the closing of the hearing immediately preceding judgment raises a request for payment of the costs. Party acting without a lawyer, legal counsel, tax advisor or patent court should instruct on the impact of the failure of the proposal in the above period.

§ 2. Provision of section 1 shall not apply in the case of rule in private session, where a party is not represented by a lawyer, solicitor, tax advisor or patent attorney. In this case, the cost due to the side of the Court.



Chapter 2 General provisions Article 1, Division of legal costs. 211. [Court costs] court costs include court fees and reimbursement of expenses.

Article. 212. [legal fees] § 1. Legal fees are entry fee kancelaryjna.

§ 2. Court fees are revenues of the State budget.

Article. 213. [Expenses] to expenses include in particular: 1) debts probation in the case laid down and interpreters;

2) the costs of advertising and diet and travel expenses payable to the judges and court staff due to the implementation of judicial acts outside the Court, specified in separate regulations.

Article. 214. [payment of court costs] § 1. Where the law provides otherwise, to pay the legal costs required to take is the one who brings to the Court a letter subject to payment of a fee or causing expenses.

§ 2. The letter brought by some people whose rights or obligations associated with the subject of the appeal are common, one is subject to the payment of a fee. Otherwise, each of those persons shall pay the fee separately according to her permissions or obligation.

Article. 215. [determination of the value of the subject of the appeal] § 1. In each letter initiating the court proceedings in a given instance you must provide a value for the subject of the appeal, if the this value depends on the amount of the fee.

§ 2. Determination of the value of the subject of the appeal shall be rounded up to the nearest whole.

Article. 216. [monetary Claim] If the subject of the appeal is a monetary claim, it represents the value of the subject of the appeal.

Article. 217. [rules for calculating the value of the subject of the appeal] to the value of the subject of the appeal does not count against interest and costs related to the claim.

Article. 218. [rules for calculating the value of the subject of the appeal] the President may check the value of the subject of the appeal marked in writing and order the investigation for this purpose.

Article. 219. [payment of the court fee] § 1. Court charges to be paid by bring to the Court a letter which is subject to payment of a fee.

§ 2. Court charges payable in cash to the cashier of the competent administrative court or to the bank account of the competent court. The tip of the charges shall be rounded up to the nearest whole.

Article. 220. [call for the payment of a fee] § 1. The Court will not take any action as a result of the letter, which is not paid the fee payable. In this case, subject to § 2 and 3, the President calls on the appellant's letter to the pain of leaving a letter without a diagnosis fee paid within seven days from the date of service of the summons. In the event of ineffective passing that date President seems to manage to leave a letter without a diagnosis.

§ 2. If the letter brought a person resident or established abroad, which does not have a representative in the country, the President shall designate a term for the payment of a fee of not less than two months.

§ 3. Action, Cassation, the complaint and the complaint about the resumption of the proceedings, which despite the summons has not been paid due to entry, be subject to rejection by the Court.

§ 4. The complaint brought to order the President to leave the letter without diagnosis or on the order of the Court to reject the legal measures listed in § 3, free from entry.

Article. 221. (repealed).

Article. 222. [requests the exemption of fees] does not require a charge from the Scriptures, if it shows that it is subject to rejection.

Article. 223. [fees Supplement], § 1. The provisions of article 4. 220. 222 shall apply mutatis mutandis when the obligation to pay the fees or additions on the effect of fixing a higher value item appeal, withdrawal rights granted aid, or repeal the guardianship before the fixing of the date of the hearing.

§ 2. If the fee due is not paid, the Court in its judgment terminating proceedings in a given instance to find download this fee from the page that it was obliged to pay or from another site when it follows from the obligation to bear the costs of the proceedings by the party.

Article. 224. [the provision on court costs] if, in the course of the proceedings the Court has not ruled on the obligation to bear the legal costs or the judgment has not embraced the entire amount due with that title, the provision on the matter in closed session the provincial administrative court.

Article. 225. [refund from the Office] final Fee have been repealed in whole or in part, by order of the Court, and the difference between the cost of downloaded and running costs, as well as the remainder of the advance paid to cover expenditure returns to the site of the Office at its expense.


Article. 226. [Statute of limitations claim to claim court costs] § 1. The right to request judicial expenses claims under over the three years beginning on the day on which the costs should have been paid.

§ 2. Right to request reimbursement of fees or advances to cover expenses claims under over three years from the date of this law.

Article. 227. [Complaint on the provision on court costs] § 1. The complaint shall be entitled to the order of the President and the order of the provincial administrative court in court costs, if the party does not remedy as to the merits of the case.

§ 2. From the complaint, referred to in § 1, there is no court fee.

Article. 228. [administrative Fine] Fine ordered in proceedings before the Administrative Court are also, in addition to the court costs, the State budget income. These duties shall be subject to judicial enforcement without broadcasting decision enforceability.

Article. 229. [remission or deferment of debts for unpaid court costs and fines] § 1. Outstanding unpaid court costs and fines courts in proceedings before the Administrative Court, with the exception of the fines referred to in article 1. 55 section 1, art. 149 § 2 and art. 154 § 1 may be waived or the payment of the receivables can be postponed or staggered, if her recovery would be connected to the niewspółmiernymi difficulties or undermining the debtor is too heavy.

§ 2. The Council of Ministers shall determine by regulation the detailed rules and relief mode, postpone and break HP and reversing the postponement or staggering on installment receivables referred to in § 1. The regulation should specify the authorities empowered to debt relief, postpone, break down HP and reversing the postponement and rescheduling debt, installment periods for which charges may be postponed or staggered, the scope of redemption, how to document the application by the debtor, as well as cases in which charges may be waived in whole or in part.



Branch 2 Article Entry. 230. [Entry from the writings of initiating proceedings before the Administrative Court] § 1. From the writings of initiating proceedings before the Administrative Court in a given instance gets the relative entry or permanent.

§ 2. The letters referred to in paragraph 1, are action, Cassation, the complaint and the complaint about the resumption of the proceedings.

Article. 231. [Entry relative and fixed] relative Entry is taken in cases where the subject of the appeal is receivable. In other cases gets an entry.

Article. 232. [Refund paid registration ex officio] § 1. The Court of its own motion returns the entire page paid entry from: 1) the letter rejected or revoked until the start of the hearing;

2) complaints on the provision on punishment of a fine, if the complaint has been taken into account.

§ 2. Provision in relation to the reimbursement of the entry may be issued to a private session.

Article. 233. [Delegation], the Council of Ministers shall determine, by regulation, the amount of and the detailed rules for the taking of the entry. The regulation should take into account that the entry may not be less than one hundred dollars, the relative may not be higher than the 4% of the value of the subject of the appeal and may not exceed one hundred thousand, and the entry have become more than ten thousand, and that permanent entry should be differentiated depending on the type and nature of the case.



Branch 3 kancelaryjna Fee Art. 234. [kancelaryjna Fee for release of the documents on the basis of the case-file] section 1. For a statement of legitimacy, as well as copies of the certificates, statements, and other documents on the basis of the Act, the Office fee, subject to § 3.

§ 2. The Office fee for a copy of the judgment, the reasons for the certificate request as a result of the notified within seven days of notification of the decision, in support of the Declaration of the proposal to prepare a justification of the judgment and its delivery. If the fee has not been paid, the President manages to download it from the page that made the request after having called on the parties to make her pay. The provisions of article 4. 220 shall not apply.

§ 3. There is no fee kancelaryjnej for a copy of the judgment of the explanatory memorandum, subject to notification of the Office.

§ 4. Activities referred to in § 2, can perform legal Secretary Court.

Article. 235. [kancelaryjna Fee for release of the documents on the basis of other than the files of the case] the Office Fee shall be charged for copies, extracts, copies and prints as well as certificates and other documents issued on the basis of the harvest is collected and carried out in a Court of law in addition to the acts of the case.

Article. 236. [Delegation], the Council of Ministers shall determine, by regulation, the amounts of the fees these provisions shall be adopted. The regulation should take into account that the fee shall be collected for each page of the document issued, the amount of the fee for a copy of the judgment with reasons issued on request may not be more than two hundred dollars and an increase in the fees for the issue document drawn up in a foreign language or containing the table.



Division 4 expenditure Article. 237. [the advance expenditure] § 1. The party which has lodged the take steps combined with the expenditure is required to pay an advance to cover them.

§ 2. If the application has made a few pages or the Court has ordered the execution of the activities of the Office, the advance should put the parties in equal shares or any other relative at the discretion of the Court.

§ 3. The Court marks the height of the advance and the date of its deposit. If the projected expenditures will prove greater than the advance payment, the court orders it.

Article. 238. [Request for payment of the amount of tiles from the budget of the Court], § 1. In the event of niewpłacenia advances by the parties pursuant to article 18. 237, the amount needed to cover the expenditure part of the budget of the temporarily teaches administrative court. With the amount of the duty is the State budget, which returns the party obliged to pay the advance.

§ 2. The President will call upon the party liable for payment of the advance to within fourteen days, and if she lives abroad is within the prescribed time limit, being not less than two months, with the amount paid from the budget.

§ 3. In the event of ineffective expiry referred to in § 2, the Court shall issue a private session order ordering the recovery of the amount of sleep-without running the proceedings.

§ 4. The provisions of § 1-3 shall not apply in the case where the failure to take the steps referred to in article 14(2). 237 § 1, the premise is to suspend the proceedings.



Chapter 3 exemption from court costs Division 1 General provisions article 1. 239. [Statutory exemption from court costs] § 1. They do not have the obligation to pay court costs: 1) applicant action, inaction or chronic body proceedings in matters relating to: (a)) and social welfare assistance, b) on the status of unemployed persons, unemployment benefits and other duties and powers unemployed person, c) concerning occupational diseases, medicinal benefits and rehabilitation benefits, d) with labour relations and business relations, social insurance), f) from the scope of the general duty to defend , g) granting protection to aliens, h) relating to housing benefit;

2) the public prosecutor, the Ombudsman and the Ombudsman on the rights of the child;

3) curated by the court-appointed receiver side panel or by the Guardianship Board for that matter;

4) page, which has been granted the right to assistance in proceedings before the Administrative Court (legal aid), within the range specified in the legal provision granting this right.

§ 2. They do not have the obligation to pay court fees of public interest organizations, acting on the basis of the provisions of the public benefit activities and volunteering on their own, with the exception of matters relating to activities by these organizations of economic activity, as well as non-governmental organisations and entities mentioned in article 1. 3 paragraphs 1 and 2. 3 of the Act of 24 April 2003 on the activities of nonprofit and volunteering (OJ from 2014, item 1118 and 1138, 1146) in matters of its own for the implementation of public tasks carried out on the basis of the provisions on the activities of nonprofit and voluntary service.

Article. 240. [Delegation], the Council of Ministers may, by regulation, exempt the social organisations from payment of entry in their own cases, and undo it. This should apply to exemption in cases conducted in connection with scientific, educational, cultural, charitable and aid and welfare.

Article. 241. [full Release] the exemption from the obligation to pay court costs in the provision of the law or in administrative court order without specifying the scope of this exemption means a complete exemption from the obligation to contribute both court fees, as well as incurring the expenditure.

Article. 242. [Expenses per page exempt court costs] expenditure per page exempt legal costs of which are part of the budget of the Administrative Court, within the scope of this exemption.



Branch 2 legal aid Article. 243. [the grant of the right help] § 1. Legal aid may be granted to the party in its request made prior to the opening of the proceedings or in the course of proceedings. This application is free from court fees.

§ 2. (repealed).

Article. 244. [text of law help] § 1. Legal aid includes exemption from court costs and the establishment of a lawyer, legal counsel, tax advisor or patent attorney.

§ 2. The establishment of a lawyer, legal counsel, tax advisor or patent under the right aid is equivalent to granting a power of attorney.


§ 3. If the page in the application has identified a lawyer, solicitor, tax advisor or patent attorney, the competent District Bar Association, the Council of the District Chamber of legal advisers, the National Council of tax consultants or National Council of patent attorneys, as far as possible and in consultation with a lawyer, legal advisor, tax advisor or patent spokesman, appoint a lawyer, solicitor, tax advisor or patent attorney designated by the party.

Article. 245. [law help] § 1. Legal aid may be granted in respect of total or partial.

§ 2. The right to assistance in the field of total includes exemption from court costs and the establishment of a lawyer, legal counsel, tax advisor or patent attorney.

§ 3. The right to partial assistance covers exemption from court fees, in whole or in part, or only from the expenditure or from court fees and expenses or only covers the establishment of a lawyer, legal counsel, tax advisor or patent attorney.

§ 4. Partial exemption from fees or expenses can rely on exemption from incurring a fraction their components or their specific monetary amount.

Article. 246. [conditions for granting the aid law] § 1. The grant of the right to a natural help: 1) in total – when this person demonstrates that it is not able to bear any of the costs of the proceedings;

2) partial – when can prove that it is not able to bear the full costs of the proceedings, without prejudice to the necessary maintenance for herself and her family.

§ 2. A legal person, as well as other organizational unit does not have a legal personality, legal aid may be granted to: 1) in total – when it reveals that there are no funds to pay any of the costs of the proceedings;

2) partial – when demonstrates that there is no sufficient funds to pay the full costs of the proceedings.

§ 3. A lawyer, solicitor, tax advisor or patent attorney can be established for the site, which employs or is in another legal relationship with a lawyer, legal advisor, tax advisor or patent spokesman. This does not apply to an attorney, legal counsel, tax advisor or patent attorney, established on the basis of the provisions of the law help.

Article. 247. [deprivation of the right help] site do not qualify for legal aid in the event of obvious bezzasadności of her complaint.

Article. 248. [obligation to reimburse the costs of the proceedings] Granting aid law does not absolve the parties from the obligation to reimburse the costs of the proceedings, if such an obligation arises from the other provisions.

Article. 249. [revocation of rights help] granting rights of aid may be withdrawn in whole or in part, if it turns out that the circumstances on the basis of which it was granted, did not exist or cease to exist.



Article. 249a. [Waiver of help] if a party terminates the request or identification of a proposal has become obsolete, the proceedings on the grant of aid redeems.

Article. 250. [the lawyer's fee] § 1. The designated lawyer, Attorney-at-law, tax advisor or patent attorney gets paid up according to the principles laid down in the regulations on fees for lawyers, legal advisors, tax advisors or patent in respect of the cost of the legal aid service, and reimbursement of the necessary and documented costs.

§ 2. In justified cases, the Court may reduce the compensation provided for in § 1.

Article. 251. [the termination of entitlement to the right of the aid] aid entitlement shall expire with the death of a party that received them.

Article. 252. [request for the grant of the right help] § 1. The application for the grant of the right aid should include a statement of the page including details about financial disclosure and income and, if the application is lodged by the person, in addition to accurate data about the State of the family and a statement of the page niezatrudnieniu or niepozostawaniu in other legal relationship with a lawyer, legal advisor, tax advisor or patent spokesman.

§ 1a. The statement referred to in § 1, composed under pain of criminal liability for filing a false statement. Comprising a statement is required to include in it the clause reads as follows: "I am aware of criminal liability for filing a false statement." This clause shall be replaced by the letter of the Court about the criminal liability for filing a false statement.

§ 2. The application shall be on an official form according to a fixed formula.

§ 3. Order granting, withdrawal, refusal to grant the right of help or redemption of the proceedings for grant of the aid shall be served on the party who made the request. An appeal shall lie only to the applicant.

Article. 253. [the appointment of a lawyer, legal counsel, tax advisor or patent] § 1. With the appointment of a lawyer, legal counsel, tax advisor or patent attorney, the Court calls on the competent District Bar Council, the Council of the District Chamber of legal advisers, the National Council of tax consultants or the National Council of patent attorneys, and can serve for the right help. Where the appointment of a representative is to take place after the release of the decision, which is entitled to appeal in cassation, the Court shall notify the appropriate Council.

§ 2. District Bar Association, the Council of the District Chamber of legal advisers, the National Council of tax consultants or National Council of patent attorneys, within fourteen days from the date of notification of the provisions referred to in § 1, shall appoint a delegate, by notifying the representative immediately and the Court. In the notice directed to the competent court, the Council indicates the name of the designated representative, and his address for service. In the case of the establishment of a representative after the release of the decision, which is entitled to appeal in cassation, the competent Council shall also inform the court promptly of the date of notification of the representative about his appointment.

§ 3. If an advocate, legal advisor, tax advisor or patent attorney established in this way is to take steps outside the headquarters of the court seised of the case, the competent District Bar Association, the Council of the District Chamber of legal advisers, the National Council of tax consultants or National Council of patent attorneys, at the request of the established legal counsel, tax advisor or patent attorney, shall designate, if necessary, a lawyer, solicitor, tax advisor or patent attorney from another village.

Article. 254. [jurisdiction on application diagnosis], § 1. The application for the grant of the right in the application for aid and the cost of legal aid service shall be submitted to the competent regional administrative court.

§ 2. The party that does not have a place of residence, residence or establishment in the area of jurisdiction of the Court referred to in § 1, may submit an application in a different regional administrative court. The request shall be sent without delay to the competent court.

Article. 255. [a call for the submission of documents concerning the financial status page] page if the statement contained in the application referred to in article 2. 252, proves to be insufficient to assess its actual financial status and payment options and family status or is questionable, the Party shall submit to the call, granted time, additional statement or submit the source documents concerning its financial status, income or family status.

Article. 256. [Delegation], the Council of Ministers shall determine by regulation: 1) pattern and how to share the official form, referred to in article 1. 252 § 2, corresponding to the requirements provided for in the writings of website, specific requirements of the proceedings to grant aid law, containing the necessary instruction as to how his fill, and the effects of failure to comply with certain requirements and clause referred to in article 14(2). 252 § 1a;

2) types of source documents, referred to in article 1. 255, and the periods for which they are to be documented data on wealth, income and family status; These documents may be in particular copies of tax returns, or lists of their bank accounts, including accounts and foreign exchange deposits, extracts from the registers of the official copy of the current balance sheets and a certificate of the amount of wages, fees and other charges and received benefits.

Article. 257. [Leave application without consideration] the request for the grant of the right of the aid, which has not been made on the official form, or which page is not granted in time added to shortages, leaves without a diagnosis.

Article. 258. [Acts in respect of proceedings for the grant of the right help] § 1. Activities in the field of grant aid performs legal Secretary Court.

§ 2. The activities referred to in paragraph 1 include in particular: 1) accepting applications for the grant of the right;

2) transmission of applications for the grant of the right to the assistance of the competent court;

3) examination of applications for the grant of the right to assistance, as well as the formal requirements as to their content;

4) transmission of requests to recognize the Court in the case referred to in article 1. 247;

5) summoning the parties to make up for the inadequacy of formal proposals, and also to submit additional statements and documents;

6) issuing orders to leave applications without consideration;

7) issue of a private session of the provisions on the granting, withdrawal, refusal to grant the right of help or redemption proceedings for grant of the aid;

8) issue of a private session of the provisions to grant compensation solicitor, legal, tax advisor or patent spokesman for legal representation made on the principle of law which is necessary to recover the aid and documented expenses.

§ 3. (repealed).

§ 4. The activities referred to in paragraph 2 may, in exceptional cases, perform the Court. The provisions of either the order of the Court referred to in § 2 paragraph 6 and 8, shall be entitled to appeal.


Article. 259. [Objection of orders and regulations on the law help] § 1. From the rules and regulations referred to in article 1. 258 § 2 paragraph 6-8, the party or Attorney, legal counsel, tax advisor or patent attorney can make to the competent regional administrative court an objection within seven days from the date of service of the order or provision. The opposition lodged by a lawyer, solicitor, tax advisor or patent attorney must be justified.

§ 2. The opposition lodged after the deadline, and the opposition, whose formal deficiencies have not been corrected, as well as the notice of opposition filed by a lawyer, solicitor, tax advisor or patent attorney, free from justification, the Court rejects a private session.

§ 3. If no objection has been lodged or opposition was validly rejected, and the provisions referred to in paragraph 1, shall have the effect of a final judgment of the Court.

Article. 260. [diagnosis of cases as a result of the opposition] § 1. Recognizing the opposition from the Ordinance and regulations, referred to in article 1. 258 § 2 paragraph 6 and 8, the Court makes the order in which the contested order or order of the Office of the clerk of the Court changes or maintains in force.

§ 2. In the cases referred to in § 1, opposition from the Ordinance or the provisions of the Office of the clerk of the Court suspends its feasibility. The Court rules as a Court of second instance, applying the provisions of the complaint.

§ 3. The court resolves the case in closed session.

Article. 261. [exemption from court fees] from the opposition and complaints brought on the right aid gets to court fees.

Article. 262. [the appropriate application of the provisions] provision for the granting of aid, the law concerning legal representation on the basis of the aid law, mutatis mutandis, to the parties benefiting from statutory exemptions from the obligation to pay court costs.

Article. 263. (repealed).



SECTION VI of the resolution of the Supreme Administrative Court Article. 264. [resolutions of the composition of the seven judges] § 1. The resolution provided for in article 4. 15 § 1 point 2 and 3, the Supreme Administrative Court shall composed of seven judges, the entire Chamber or as a full Court.

§ 2. The resolution referred to in article 1. 15 § 1 point 2, the Supreme Administrative Court shall at the request of the President of the Supreme Administrative Court, the Attorney-General, the Ombudsman, the Ombudsman on the rights of the child, and resolutions referred to in article 1. 15 § 1, paragraph 3, on the basis of the provisions of the composition of the Panel.

§ 3. The President of the Supreme Administrative Court directs the request to be decided by one of the warehouses referred to in § 1.

§ 4. The composition of the seven judges may-in the form of provisions-pass legal issue to settle the full composition of the Chamber, a Chamber of the full composition of the Supreme Administrative Court.

Article. 265. [a share at a meeting of the Prosecutor] [4] a meeting of the entire composition of the Supreme Administrative Court or the meeting of the Board of the participation of the Attorney General or his Deputy is mandatory. In the meeting, the composition of the seven judges involved the Prosecutor Prosecutor's Office.

Article. 266. [voting on taking decisions] § 1. To take the full composition of the Supreme Administrative Court or by the full Chamber is required for the presence of at least two-thirds of the judges of each Board.

§ 2. Resolutions are taken in open voting by a simple majority.

Article. 267. [Denial decide] the Supreme Administrative Court may – in the form of the provisions is to refuse to decide, especially when there is a need to clarify the doubts.

Article. 268. [the justification for application for resolution by the NSA] request for resolution and the resolutions of the Supreme Administrative Court require justification.

Article. 269. [to settle the legal issues], § 1. If the composition of the administrative court seised does not share the position occupied in the composition of seven judges, the entire Chamber or in the resolution of the full composition of the Supreme Administrative Court, presents the resulting legal issues relevant to the composition. The recipe article. 187 § 1 and 2 shall apply mutatis mutandis.

§ 2. In the cases referred to in § 1, the composition of the seven judges, the composition of the Chambers of Commerce or full composition of the Supreme Administrative Court shall undertake a reassessment of the resolution. Article 5(1). 267 shall not apply.

§ 3. If the composition of a single Chamber of the Supreme Administrative Court explaining the legal issue does not share the position expressed in the resolution of the other Chamber, presents this issue to settle the full composition of the Supreme Administrative Court.



SECTION VII of the resumption of the proceedings Art. 270. [Renewal of proceedings culminating in a final judgment] in the cases provided for in this section you can request the resumption of the proceedings, which was terminated by the judgment.

Article. 271. [conditions for resumption of proceedings], you can request the resumption of the proceedings due to the nullity: 1) if the composition of the Court or judge has ruled ineligible person she excluded from the Act, and the party before the decision becomes legally binding judgment could not claim exemption;

2) If a party does not have the capacity or the process or was not properly represented, or if as a result of the infringement was deprived of possible actions; However, you cannot request a resume if, before the decision becomes legally binding judgment inability to action ceased or no representation was raised by the plea or has confirmed made procedural acts.

Article. 272. [Renewal of proceedings as a result of the ruling of the Constitutional Court], § 1. You can request the resumption of the proceedings in the case, when the Constitutional Court ruled on the non-conformity of a normative act with the Constitution, an international agreement or of law on which the judgment was issued.

§ 2. In the situation referred to in § 1 complaint about the resumption of the proceedings shall be filed within three months from the date of entry into force of the judgment of the Constitutional Court. If at the time of the judgment of the Constitutional Court judgment was not final yet as a result of bringing the remedy, which was then rejected, the period shall run from the date of notification of rejection.

§ 3. You can request the resumption of the proceedings in the case when such need arises from the decision of the international authority acting in pursuance of an international agreement ratified by the Republic of Poland. The provision of § 2 shall apply mutatis mutandis, except that the deadline for lodging complaints about the resumption of the proceedings shall run from the date of delivery of the site or its delegate resolution of the international body.

Article. 273. [Base which the proceedings are resumed] § 1. You can request a renewal on the grounds that: 1) the judgment was based on a forged document or converted or condemning the criminal judgment, then concertation;

2) the judgment was obtained by crime.

§ 2. You can request a resumption in the event of subsequent detection of such facts or evidence that could have an effect on the outcome of the case, and with which the party could not take advantage in the previous investigation.

§ 3. You can request a resumption in the event of late detection of a final judgment concerning the same matter. In this case, the subject of the Court is not only challenged the ruling, but they are also ex officio other final judgment concerning the same matter.

Article. 274. [Renewal of proceedings due to the crime] because of the offence may be required to resume only if the Act was given a final conviction, unless criminal proceedings may not be initiated or that it has been discontinued for other reasons than lack of evidence.

Article. 275. [the competent court to which the proceedings are resumed] to resume dealing with the causes of nullity of the Court which made the contested ruling, and if zaskarżono judgments of both courts, the Supreme Administrative Court. To resume the proceedings on other grounds the Court, which recently ruled in the case.

Article. 276. [the proceedings with a complaint about the resumption of the proceedings] to complaint about the resumption of the proceedings shall apply mutatis mutandis the provisions on proceedings before the Court of first instance, if the provisions of this chapter provide otherwise. However, when the proceedings are resumed jurisdiction is the Supreme Administrative Court, shall apply mutatis mutandis the provisions of article 4. 175. 277. [the deadline for filing a complaint about the resumption of the proceedings] a complaint about the resumption of the proceedings shall be filed within three months. This term is counted from the date on which the party became aware of the basis of the resume, and when the basis is to deprive the possible actions or lack of proper representation, from the date on which it became aware of the decision, its authority or its legal representative.

Article. 278. [limitation of requests for renewal of proceedings] after a period of five years from the judgment has become final cannot request the resumption, except in the case where the party was deprived of possible actions or was not properly represented.

Article. 279. [content of complaint about the resumption of the proceedings] action for resumption of the proceeding should also include an indication of the contested judgment, the basis for the resumption and its justification, stating the behavior of the date for the filing of a complaint and a request to set aside or vary the contested decision.

Article. 280. [preliminary examination of the complaint] § 1. The Court shall examine in private session, if the action is brought within the time limit and that is based on a statutory basis. In the absence of any one of these requirements, the Court rejects the resumption of action, otherwise, shall designate the trial.

§ 2. At the request of the Court the complainant about the resumption of the proceedings is obliged to lend credence the circumstances indicating the behavior of the term or the admissibility of the resumption.


Article. 281. [examination of the admissibility of the relaunch] at the hearing, the Court shall decide on the admissibility and relaunch, above all if there is no legal basis to complain or renewal has not been saved, rejects a complaint about renewal. The Court may, however, after considering the State of affairs of the combine study of the acceptability of the resumption of the case.

Article. 282. [retrial] § 1. The Court hears a case in the borders, which circles the base of the relaunch.

§ 2. After the diagnosis of the case the Court dismisses the action for renewal or it takes into account when applying the provisions on proceedings before the Court, which resumed its proceedings or quash the contested decision and the complainant rejects or redeems.

§ 3. In the case referred to in article 1. 273 section 3, the Court rescinds one of the decisions concerning the same matter, by keeping in force the other final judgment, or repeals all final judgment concerning the same matter and rule on the merits of the case or refer the matter to the competent administrative court wojewódzkiemu to identify and resolve this issue.

Article. 283. [exclusion of a judge from the rule in the proceeding with a complaint about the resumption of the proceedings] Judge whose participation or behaviour in the previous investigation concerned, is excluded from the rule in the proceeding with a complaint about the resumption of the proceedings.

Article. 284. [Suspension of enforcement] brought about the resumption of the proceedings does not tamuje the implementation of the contested decision. Where such prima facie evidence is that that made the request threatens to niepowetowana harm, the Court may suspend the enforcement of a judgment. The order may be issued on the closed session. The order shall be entitled to appeal.

Article. 285. [the unacceptability of further proceedings are resumed] § 1. It is a further resumption of proceedings culminating in a final judgment as a result of a complaint about the resumption of the proceedings.

§ 2. Provision of section 1 shall not apply if the complaint about the resumption of the proceedings was based on the basis of the renewal referred to in article 1. 272 § 1 and 3.



SECTION VII a action for a finding of non-compliance with the final judgment Law Art. 285a. [Action for declaration of non-compliance with the law of a final judgment], § 1. Action for declaration of non-compliance with the law of the final judgment shall lie from a final judgment of the provincial administrative court, when its release was the site caused injury, and change or annul the decision by other remedies available to site remedies was not and is not possible.

§ 2. The complaint referred to in paragraph 1 shall also apply, in exceptional cases, from a final judgment of the provincial administrative court, if the parties do not avail themselves of their legal remedies when illegality arises from a breach of the fundamental principles of the legal order or constitutional freedoms or rights of man and of the citizen, unless it is possible to change or repeal the decision by other remedies available to site remedies.

§ 3. From the judgments of the Supreme Administrative Court a complaint shall not, except where the non-compliance with the law is due to gross infringement of the norms of the European Union. Judgment of the Supreme Administrative Court shall be treated as a judgment given in proceedings arising from the lodging of the complaint.

§ 4. Action for declaration of non-compliance with the law of a final judgment is subject to a fee.

Article. 285b. [complaint about the finding of the illegality of the final judgment by the Prosecutor General or the Ombudsman] in the cases referred to in article 1. 285a § 1, 2 and 3 of the complaint about the finding of the illegality of a final judgment can bring also the Attorney General or the Ombudsman.

Article. 285 c [the right to mount a single complaint about the finding of the illegality of the final judgment] from the same ruling party can bring only one complaint about the finding of the illegality of the final judgment.

Article. 285d [the basis of action for declaration of non-compliance with the law of a final judgment] a complaint about the finding of the illegality of a final judgment can be based on the basis of a breach of substantive law or the rules of conduct, which resulted in non-compliance judgments, when by his edition of the site was done. The basis of a complaint may not be, however, the allegations relating to the determination of facts or evaluation of the evidence.

Article. 285e. [complaint], § 1. Action for declaration of non-compliance with the law of a final judgment should contain: 1) the designation of the decision, from which it is brought, with an indication of whether it is contested in whole or in part;

2) cite some of its foundations, and the reasons for them;

3) an indication of the provision of the law, to which the contested decision is unlawful;

4) prima facie evidence of injury caused by the judgment, which concerned;

5) show that the emotion of the contested judgment by way of other legal measures was not and is not possible and, where a complaint has been lodged by applying art. 285a § 2 – that there is a unique chance to justify the bringing of a complaint;

6) request for a finding of non-compliance with the judgment.

§ 2. The complaint should do comply with the requirements provided for in the letter of the page. To complaint – but its write-offs for their delivery to the parties and the participants of the proceedings – be accompanied by two copies intended for the Act of the Supreme Administrative Court.

Article. 285f. [complaint], § 1. A complaint about the finding of the illegality of the final judgment shall be lodged with the Court which made the contested decision, within two years from the date of its implementations.

§ 2. In the event of a finding of failure to the formal conditions laid down in article 8. 285e § 2, President calls for improving or supplementing the complaint.

§ 3. The complaint the complainant, unpaid brought in violation of article 86. 175 paragraph 1 and complaint, which the deficiencies within the revised page is not, the Court rejects a private session.

Article. 285g [the Supreme Administrative Court case file Presentation] after the receipt of a complaint about the finding of the illegality of the final judgment of the opposite side, and when the complaint was lodged, the Attorney General or the Ombudsman-both parties, provincial administrative court the Supreme Administrative Court case files immediately shows.

Article. 285h [reasons for the rejection of the complaint] § 1. The Supreme Administrative Court rejects complaint about a private session to declare the illegality of a final judgment if it continued to reject the lower court, the complaint to have been brought after the expiry of the deadline, a complaint which the requirements referred to in article 1. 285e § 1, as well as the complaint inadmissible for other reasons.

§ 2. The complaint is subject to rejection, if the change of the contested judgment by way of other legal measures was or is possible or if there is an exception, as referred to in article 1. 285a § 2.

Article. 285i [the composition of the hearing the complainant] § 1. The Supreme Administrative Court hears a complaint about the finding of the illegality of the final judgment, sitting with three judges.

§ 2. The judge, who took part in the release of the decision concerned a complaint, is excluded from the rule in the proceeding as to this complaint.

Article. 285j. [complaint resolution Limits] the Supreme Administrative Court hears a complaint about the finding of the illegality of a final judgment within the limits of the appeal and within the limits of the scratch. The complaint shall be subject to the diagnosis of a private session, unless important reasons argue in favour of fixing the hearing.

Article. 285 k page [Decision of the Supreme Administrative Court] § 1. The Supreme Administrative Court dismisses the action for a declaration of non-compliance with the law of a final judgment in the absence of grounds for finding that the contested decision is unlawful.

§ 2. Having regard to the complaint before the Supreme Administrative Court considers that the decision is under appeal, for not complying with the law.

§ 3. If the case due to the person or subject not subject to Court recently held at the time of the adjudication, the Supreme Administrative Court is stating a mismatch of the judgment of the law is vitiated by the contested judgment and the judgment of the Court of first instance and rejected the complaint.

Article. 285l [the appropriate application of the provisions for appeal in cassation complaint] in the cases not regulated by the provisions of this chapter to conduct induced the lodging complaints about the finding of the illegality of the final judgment shall apply mutatis mutandis the provisions of an appeal in cassation complaint.



SECTION VIII Executing judgments Article. 286. [return of the Act after the final judgment], § 1. After the final decision of the Court of first instance terminating the proceeding files an administrative case asks the public administration body, attaching a copy of the judgment with the statement of its legitimacy. Order of return of the Act may issue a legal Secretary.

§ 2. The deadline for settlement by the Administration referred to by law or appointed by the Court to count from the date of notification of the Act of authority.

Article. 287. [Compensation in the event of annulment or remission of the matter by the body] where the Court in its judgment: 1) repeal the contested decision and the authority in considering the matter again barred the procedure 2) finds the nullity of the Act or established legal obstacle that prevents the annulment of the Act, the party who has suffered damage, is compensation from the authority which issued the decision.



SECTION IX treatment in case of loss or destruction of the Act Art. 288. [Recreate lost or damaged file] Reproduction are files lost or destroyed in whole or in part. On legally finished rebuilding shall be subject to the judgment terminating the proceeding on and that part of the Act, which is necessary to determine its content and to which the proceedings are resumed.


Article. 289. [initiation] § 1. The court proceedings initiated ex officio or at the request of a party.

§ 2. The court proceedings initiated only at the request of a party, if the loss or destruction of the Act has occurred as a result of force majeure.

Article. 290. [jurisdiction], § 1. To re-create the file, which is in the course of the Court in which the case had been going recently.

§ 2. If the competent would be a Supreme Administrative Court, the Court shall transmit the case to the Court of first instance, except in the case of reproduction of the Act.

§ 3. Treatment in case of loss or destruction of an act on having finished the Court shall be carried out, in which case was fought in the first instance.

Article. 291. [Contents of the request for restoration of the Act] in the request for restoration of the Act also specify exactly the case, attach any officially certified copies held by the applicant and indicate the known him places where documents or their copies.

Article. 292. [a call to submit copies of missing documents], § 1. The President calls on the people, the public authorities or the institutions indicated in the application, and known to the Court officially to submit, within a specified period officially certified copies of documents in their possession or that they do not possess.

§ 2. If the person does not have the requested document or a copy of, and before it was in its possession, it should explain where the document or copy is located.

Article. 293. [a fine for failure to summons] § 1. The Court may sentence him to pay a fine in the amount referred to in article 1. 154 § 6 anyone who does not comply with the request made in accordance with the preceding article.

§ 2. If the requested was a legal person or an organizational unit, penalise those subject to its Director or employee whose duty was to make it comply with the request.

Article. 294. [deposit of copies to act] If an officially certified copies shall be deposited, the President manages to attach them to the Act. A copy of the order shall be served on the parties.

Article. 295. [a call to make representations as to the content of the missing or damaged letters] if the re-creation of the Act cannot be performed as provided for in the preceding articles, the Chairman shall invite the parties to submit accurate statements as to the contents of the lost or destroyed writings and evidence for their claim, including copies of private and other writings and notes, which can be helpful when playing the file.

Article. 296. [an investigation for the determination of the content of the missing or damaged file] section 1. Regardless of the statements and conclusions of the Court shall be carried out ex officio investigations, not omitting any circumstances that may be relevant for the determination of the content of the missing or damaged files. The Court shall take into account the entries in the repertoriów and other books. The Court may also hear as witnesses, judges, prosecutors, agents and other parties to verify the persons who participated in the proceedings or comment as to the content, as well as the Act may order the hearing of the parties.

§ 2. To carry out the evidence referred to in § 1, shall apply mutatis mutandis the provisions of the code of civil procedure.

Article. 297. [for reproduction Act or his inability to] following the procedure referred to in article 2. 295. 296, the Court by order, how and to what extent the missing files will be restored or that restoration is impossible. The order shall be entitled to appeal.

Article. 298. [to take further action on the re-creation of the Act] if the files may not be reproduced or recreated in part to insufficient to take further action, a complaint or an appeal may be lodged again within thirty days from the date on which the provision on the subject has become final. In all other cases, the Court shall take proceedings in that State, in so far as this is possible, taking into account the Act of remaining and reconstituted. In order to take further proceedings shall be entitled to appeal.



SECTION X Provisions from the scope of the proceeding in the course of a foreign Article. 299. [Service letter by registered post with acknowledgement of receipt] § 1. The site, which has a place of residence, habitual residence or seat in the Republic of Poland other than a Member State of the European Union, the Swiss Confederation or a Member State of the European free trade agreement (EFTA)-website of the agreement on the European economic area and not established representative to pursue the case to the place of residence or registered office in the Republic of Poland, the Court handed a letter mailed by registered post with acknowledgement of receipt or by equivalent.

§ 2. If a party is not domiciled or habitually resident or established in the Republic of Poland or another Member State of the European Union, the Swiss Confederation or a Member State of the European free trade agreement (EFTA)-website of the agreement on the European economic area and not established representative to pursue the case to the place of residence or registered office in the Republic of Poland, shall, together with the filing of the complaint to establish a representative for service to the place of residence or registered office in the Republic of Poland.

§ 3. In the event of failure to comply with the obligation referred to in paragraph 2, the Court calls on the party to this revised within a period of two months from the date of service of a summons under pain of rejection of the complaint. The request shall apply mutatis mutandis manner of service referred to in § 1.

§ 4. If, from the complaint shows that the participant to the proceedings is not domiciled or habitually resident or established in the Republic of Poland or another Member State of the European Union, the Swiss Confederation or a Member State of the European free trade agreement (EFTA)-website of the agreement on the European economic area, the Court, delivering a copy of the complaint, it shall inform him of the obligation to establish a representative for service to the place of residence or registered office in the Republic of Poland within two months from the date of service of the notice. In the event of failure to comply with this obligation the letter in court proceedings is left in the case file with the service.

§ 5. The provision of § 4 shall apply mutatis mutandis to a participant in the proceedings referred to in article 2. 33 § 2.

§ 6. The provisions of § 1-5 does not apply if an international agreement to which the Republic of Poland is a party stipulates otherwise.

Article. 300. [the appropriate application of the provisions of the ordinary courts and the provisions of the code of civil procedure] in matters not regulated by the law to act in the field of foreign exchange shall apply mutatis mutandis the provisions of ordinary courts and the provisions of the code of civil procedure concerning the international civil procedure.



SECTION XI final provision Article. 301. [entry into force], the Act shall enter into force within the time limit and on the terms laid down by the law of 30 August 2002-introductory provisions the law-the law on administrative courts and the law-the law on proceedings before administrative courts (Journal of laws No. 153, item 1271, with further amendments).

[1] on the basis of the judgment of the Constitutional Court of 14 October 2008 (OJ l. No 190, poz. 1171) article. 18 § 1 paragraph 6, in so far as it omits as a basis for the exclusion of a judge from participation in deciding the ongoing judicial proceedings after the administrative procedure, its earlier participated in the judging in the decision in the administrative proceedings, wznawianym, is incompatible with article 2. paragraph 45. 1 of the Constitution of the REPUBLIC.

[2] on the basis of the judgment of the Constitutional Court of July 25, 2013 (OJ item 1004) article. 87 § 1 understood in this way, that is in a situation niedochowania the term to bring an appeal referred to in art. 177 section 1 of the Act, as a result of the occurrence of the grant of the right in the form of aid, the establishment of a lawyer, legal counsel, tax advisor or patent attorney is the cause of the failure to date to bring an appeal in cassation shall cease on the date on which notice of the establishment of the agent has the ability to draw up and bringing the appeal, complies with article 4(1). paragraph 45. 1. 78 of the Constitution of the REPUBLIC.

[3] on the basis of the judgment of the Constitutional Court of 8 April 2014 (OJ poz. 543) article. 180 in connection with art. 178. 176 in so far as it provides for the rejection, without call for deficiencies, appeal not satisfying the requirement in the application to set aside or vary a judgment, together with an indication of the scope of the requested repeal or amendment: a) is compatible with the wywodzoną of the article. 2 of the Constitution of the REPUBLIC the principle of decent legislation, (b)) is incompatible with article 2. paragraph 45. 1. in connection with article 2. 31.3. 3 and art. 78 of the Constitution of the Republic of Poland, as well as the wywodzoną of the article. 2 of the Constitution of the REPUBLIC the principle of the protection of the citizens ' confidence to Member States and laid down by the law.

Article. 180 in connection with art. 178. 176 in ww. for expired April 28, 2014.

[4] Article. 265 is added to be fixed by the article. the Act of 17 March 2016, amending the law on the employees of the courts and the public prosecutor's Office, law-the law on proceedings before administrative courts, the law amending the law-code of civil procedure and some other laws, the law on tax administration and the law amending the law was the civil code, the law-code of civil procedure and certain other laws (OJ item 394). The amendment entered into force on 25 March 2016.

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