Regulation Of The Council Of Ministers Of 16 December 2003 On The Amount And Detailed Rules Download Entry In Proceedings Before Administrative Courts

Original Language Title: ROZPORZĄDZENIE RADY MINISTRÓW z dnia 16 grudnia 2003 r. w sprawie wysokości oraz szczegółowych zasad pobierania wpisu w postępowaniu przed sądami administracyjnymi

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On the basis of article. 233 of the Act of 30 August 2002, the law on proceedings before administrative courts (Journal of laws No. 153, item 1270) are managed as follows: § 1. Relative entry depends on monetary receivables covered by the contested act: 1) to the 10 000-4% of the value of the subject of the appeal, no less than 100 zł;

2) more than 10 000 $ to 50 000 $-3% of the value of the subject of the appeal, no less than $400;

3) more than 50 000 to 100 000 – 2% of the value of the subject of the appeal, not less than 1 500 PLN;

4) over 100 000-1% of the value of the subject of the appeal, no less than $2 000 and not more than 100 000.

§ 2. 1. Entry fixed regardless of the subject of the contested act or action is on: 1) complaints against the provisions issued in administrative proceedings, enforcement and safety – 100 zł;

2) complaints of acts or activities of the public administration for permissions or obligations under law-200 PLN;

3) complaints against local acts of bodies of local government units and Government field-300 PLN;

4) complaints on acts of bodies of local government units and their relationships, other than acts of local law in matters concerning the public administration – 300 zł;

5) complaints on acts of supervision over the activities of the organs of local government units – £ 300;

6) complaints for failure to public administrations – 100 zł;

7) complaints on the provisions of the provincial administrative courts-100 zł.

2. Permanent Entry is in cases of complaints concerning concessions, permits and licences to operate a business in the field of: 1) the construction and operation of toll motorways and express roads – 10 000;

2) energy-$ 10,000;

3) air transport, rail and maritime-$ 10,000;

4) broadcasting-$ 10,000;

5) public securities is $10,000;

6) banking activities – 10 000;

7) direct and reinsurance-$ 10,000;

8) pension funds-$ 10,000;

9) investment funds-$ 10,000;

10) manufacture of spirits and tobacco products – 8 000 PLN;

11) wholesale of alcoholic-8 000 PLN;

12) casino games – $10,000;

13) other games of chance and mutual betting – 8 000 PLN;

14) communications, including telecommunications, without the postal service – 8 000 PLN;

15) postal services – 1 000;

16) protection of persons and property – 5 000;

17) Detective Services – 5 000;

18) foreign exchange trading – 5 000;

19) Customs law-5 000;

20) the production and marketing of wholesale pharmaceuticals – $3 000;

21)-assisted personalized sedation technology and health care facilities – 1 000;

22) food and nutrition – 1 500 PLN;

23) geology and mining – 1 000;

24) culture, education and upbringing – 1 000;

25) sport, tourism and leisure – 1 000;

26) maintain cleanliness and order-800 PLN;

27) the remainder-£ 500.

3. Permanent Entry is in cases of complaints, which are not covered by the relative entry,: 1) of civil engineering and architecture-500 PLN;

2) zoning-500 PLN;

3) protection of the environment and nature-200 PLN;

4) water management-$ 300;

5) real estate-$ 200;

6) agriculture and forestry – £ 200;

7) the population register and identity cards – 100 zł;

8) foreigners, passports and visas-300 PLN;

9) acts of civil status and citizenship – 100 zł;

10) Veterans-$ 100;

11) industrial property – 1 000;

12) tax liabilities – 500 PLN;

13) Customs law-500 zł.

4. Entry permanent in cases of complaints concerning permission to perform a particular profession, activity or activities, regardless of their nature and character, is $200.

5. Entry permanent in cases of complaints concerning the provisions of, or decisions made in the resumption of the administrative procedure, annulment, revocation or amendment or expiration of the Act, regardless of the subject matter of the case, in the amount of $200.

6. In cases of complaints other than those listed in paragraph 1. 1-5 permanent entry is £ 200.

§ 3. Entry of the appeal and the action of a judgment amounts to half of the entry from the complaint, not less than $100.

§ 4. Permanent entry from the application for the initiation of proceedings, regardless of the subject matter of the case, is $100.

§ 5. 1. By making an entry, both in cash to the cashier of the competent administrative court, as well as to the bank account of the Court – shall indicate the title of the payment, the type of letter, from which the entry is paid, and the stamp of the court records.

2. [1] (lost power).

§ 6. The regulation shall enter into force on 1 January 2004.

[1] based on the judgment of the Constitutional Court of 7 March 2006 (OJ l. # 45, item. 322) § 5. 2 is incompatible with art. 221 of the Act of 30 August 2002, the law on proceedings before administrative courts (Journal of laws. # 153, item. 1270; OST. d.: OJ 2005. # 250. 2118) and with article. 2 the Constitution of POLAND. § 5. 2 lost power on March 17, 2006.