ACT

of 30 August 2002

Right of proceedings before administrative courts

• Metric
• Codified text

SECTION I

Introductory provisions

Chapter 1

General provisions

Article 1. [ Administrative cases] The law of proceedings before administrative courts norms legal proceedings in matters of control of the activities of public administration and in other matters to which its provisions apply by virtue of special laws (cases judicial authorities).

Article 2. [ Courts competent for the recognition of judicial cases] Administrative courts shall be set up for the recognition of judicial cases.

Article 3. [ Control of the activities of public administration by administrative courts] § 1. The administrative courts shall exercise control over the activities of the public administration and shall apply the measures laid down in the Act.

§ 2. Control of the activities of public administration by the administrative courts includes ruling in the cases of complaints on:

1) administrative decisions;

2) the provisions issued in the administrative proceedings, for which the complaint or termination of proceedings is served, as well as on the provisions concluding the matter as to the substance;

3) the provisions issued in the enforcement and security proceedings, for which the complaint is used, with the exception of the provisions of the creditor of the inadmissibility of the notified plea and the provisions of the position of the creditor in the case the plea in question;

4) other than those referred to in points 1-3 of acts or public administration tasks concerning the powers or obligations arising from the provisions of law, excluding acts or acts taken in the course of administrative proceedings referred to in the law of 14 June 1960. -The Code of Administrative Procedure (Dz. U. of 2016 r. items 23) and the proceedings set out in Chapters IV, V and VI of the Act of 29 August 1997. -Tax Ordinance (Dz. U. of 2015 items 613, of late. zm.) and proceedings to which the provisions of the established laws are applicable;

4a) [ 1] written interpretations of the provisions of tax law issued in individual cases, security opinions and refusal to issue security opinions;

5) acts of the local organs of local authorities of local government and field bodies of government administration;

6) acts of bodies of local government units and their associations, other than those referred to in point 5, taken in matters of public administration;

7) acts of supervision over the activities of organs of local government units;

8. inactivity or chronic conduct in the cases referred to in points 1 to 4 or the chronic conduct of the proceedings in the case referred to in point 4a;

9) inactivity or the chronic conduct of proceedings in matters relating to matters other than those referred to in points 1-3 of the acts or public administration tasks concerning the powers or obligations arising from the provisions of the law taken within the framework of the administrative procedure referred to in the Act of 14 June 1960. -The Code of Administrative Procedure and the proceedings referred to in Chapters IV, V and VI of the Act of 29 August 1997. -The tax ordination and proceedings to which the provisions of the laws are applicable.

§ 3. The administrative courts shall also rule on cases where the provisions of special law provide for judicial review and shall apply the measures laid down in those provisions.

Article 4. [ Resolution of competency disputes] The administrative courts shall settle disputes over jurisdiction between the authorities of local or regional authorities and between the self-governing boards of appeal, unless otherwise provided for in the separate law, and a dispute between the authorities of those bodies and the powers of the authorities of those bodies. government administration.

Article 5. [ Cases not belonging to the jurisdiction of administrative courts] The administrative courts are not competent in cases:

1) arising from the overarching and organisational subordination in relations between public administration bodies;

2) arising from the subject of official business between superiors and subordinates;

3) refusing to appoint a post or appointment to perform a function in the organs of public administration, unless the obligation to appoint or appoint arises from the provisions of law;

4) visas issued by the consuls, with the exception of visas issued to a foreigner who is a member of the family of a citizen of a Member State of the European Union, a Member State of the European Free Trade Agreement (EFTA)-parties of the agreement on the European The Economic Area or the Swiss Confederation, within the meaning of Art. 2 point 4 of the Act of 14 July 2006. about entering the territory of the Republic of Poland, the stay and departure from this territory of citizens of the European Union member states and members of their families (Dz. U. of 2014 items 1525 and 2015 items 1274);

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

Article 6. [ Giving lectures] The Administrative Court shall, in the event of a reasoned request, grant to the parties in the case without a lawyer, the legal adviser, the tax adviser or the patent ombudsman the necessary instructions on the procedural steps and the consequences of their negligence.

Article 7. [ Rate of action] The administrative court should take steps to swiftly deal with the matter and seek to resolve it at its first meeting.

Article 8. [ Prosecutor's participation in the proceedings] § 1. The public prosecutor and the Ombudsman may take part in any proceedings involved, and lodge a complaint, a cassation complaint, a complaint, and a complaint for a resumption of proceedings if, in their opinion, the protection of the rule of law so requires, or human rights and the citizen. In that case they shall be entitled to the right of the party.

§ 2. A spokesperson for the Rights of the Child may take part in any pending proceedings, as well as bring a complaint, a cassation complaint, a complaint and a complaint about the resumption of proceedings, if, in its assessment, it requires that the protection of the rights of the child be required. In that case, the rights of the party shall be entitled.

Article 9. [ Participation of the social organisation in the proceedings] A social organisation, within the scope of its statutory activities, may take part in the proceedings in the cases specified in this Act.

Article 10. [ Principle of disclosure] The cases shall be clearly identified unless otherwise provided for in the specific provision.

Article 11. [ Tie up to court rulings of other courts] The findings of a criminal trial of a criminal conviction on a criminal offence shall be binding on the administrative court.

Article 12. [ Page of proceedings] Whenever this Act is referred to in this Act, it shall also be understood by the participant in the proceedings.

Art. 12a. [ Case Records] § 1. For each case in the scope referred to in art. 1, a record is created. Records can be created and processed using IT techniques.

§ 2. The case shall be made available to the parties to the proceedings. The parties shall have the right to review the file of the case and receive copies, copies or extracts from those files.

§ 3. The file of all completed judicial proceedings shall be kept in the competent administrative court for the period necessary by reason of the nature and nature of the case and the importance of the materials contained in the acts as a source of information.

§ 4. After the period of storage in court, the files of the case shall be transferred to the relevant state archives or destroyed.

§ 5. The President of the Republic of Poland will determine, by way of regulation, the way of creating the act referred to in § 1, and the conditions and mode of storage and transfer of the act of the Voivodship Administrative Courts and the Supreme Administrative Court, as well as the conditions and mode of destruction of those files after the expiry of their period of storage, taking into account, in particular, the types of cases and the appropriate safeguards against unauthorised access, loss or destruction.

Chapter 2

Property of Voivodship Administrative Courts

Article 13. [ Property of property and local courts] § 1. The Voivodship Administrative Courts shall recognise all administrative courts except cases for which the property of the Supreme Administrative Court is reserved.

§ 2. In order to identify the case, the administrative court in which the jurisdiction is located shall have jurisdiction over the jurisdiction of the public administration whose activities have been challenged.

§ 3. The President of the Republic of Poland, by way of regulation, may transfer to the provincial administrative court the recognition of cases of a particular type belonging to the properties of another provincial administrative court, if they require this considerations of desirability.

Article 14. [ Change Property Base] The administrative court competent at the time of bringing the action remains valid until the proceedings have been completed, even though the grounds of jurisdiction have changed in the course of the case, unless a specific provision provides otherwise.

Art. 14a. [ The designation of another provincial administrative court] If the Voivodship Administrative Court cannot because of an obstacle to recognize the case or take another action, the Supreme Administrative Court will appoint, in a secret session, a composition of three judges, another provincial administrative court.

Chapter 3

Property of the Supreme Administrative Court

Article 15. [ Property Property NSA] § 1. Supreme Administrative Court:

1) recognizes appeals against decisions of the provincial administrative courts, in accordance with the provisions of the Act;

2) take resolutions to clarify the legal provisions the application of which has caused divergences in the case law of administrative courts;

3) take a resolution containing the resolution of legal issues raising serious doubts in a specific judicial case;

4. resolves the disputes referred to in Article 4. 4;

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

§ 2. For the settlement of disputes referred to in Art. 4, and for the recognition of other matters belonging to the jurisdiction of the Supreme Administrative Court under separate laws, the provisions on proceedings before the provincial administrative court shall apply accordingly. Disputes referred to in art. 4. The Supreme Administrative Court shall decide upon request by an order by indicating the competent authority to identify the case. The order shall be issued by the court in the three Judges at the secret meeting.

Chapter 4

Court composition

Article 16. [ Contributions to the adjudication] § 1. The administrative court shall rule in the composition of three judges, subject to § 2 and 3, unless the Act provides otherwise.

§ 2. The administrative court at a sitting of an implicit adjudication in the composition of one judge, unless the law provides otherwise.

§ 3. In addition to the hearing, the President shall be issued.

Article 17. [ Appointment and alteration of the formation of the adjudicatory] § 1. The designation of the formation of the adjudicatory shall be determined by the internal administration of administrative courts, issued on the basis of a separate law, in the context of the case at the hearing or in an implicit meeting.

§ 2. The change in the formation of the adjudicatory may take place only for random reasons or when the judge is not allowed to participate in the formation of the adjudicating bench due to legal obstacles.

Chapter 5

Disablement

Article 18. [ Exclusion of a judge by law] § 1. The judge is excluded by the law itself on matters:

1) in which it is a party or stays with one of them in such a legal relationship, that the outcome of the case impacts on its rights or obligations;

2) their spouse, relatives or duties in the straight line, relatives of the side to the fourth degree and the side-duties to the second degree;

3) persons associated with it for adoption, care or courgettes;

4) in which he was or is still a proxy of one of the parties;

5) in which he has provided legal services to one of the parties or any other services related to the case;

6) [ 2] in which he participated in the adoption of the contested decision, and in respect of the validity of a legislative act with his or her participation, drawn up or recognised by him, and in the cases in which he acted as a prosecutor;

6a) concerning a complaint against a decision or an order concluding a case as to the substance of the extraordinary administrative proceedings, if, in the previously conducted judicial proceedings concerning the control of the legality of the decision, or the provisions of the ordinary administrative procedure, taking part in the judgment or order terminating the proceedings in the case;

7) in which he took part in the settlement of the case in the bodies of public administration.

§ 2. Powers of the exemption shall also last after the cessation of the justifying them for marriage, adoption, care or guardianering.

§ 3. A judge who has taken part in the issuing of a decision covered by the complaint for the resumption of proceedings shall not rule on that complaint.

§ 4. (repealed)

Article 19. [ Exclusion of the Judge upon request] Irrespective of the reasons set out in the Article. 18, the court shall exclude the judge at his/her request or at the request of the party, if there is a circumstance of such a nature that it could give reasonable doubt as to his impartiality in the case in question.

Article 20. [ Application for exemption of the Judge] § 1. An application for exclusion of a Judge shall be notified in writing or orally to the minutes of the sitting in the court in which the case is pending, prima facie evidence of the reasons for the exclusion.

§ 2. The party which acceded to the hearing should, moreover, prima facie evidence that the reason for the exemption was only later established or became known to it.

§ 3. Until the case has been resolved, the judge may only meet the urgency of the matter.

§ 4. An application for exclusion of a court shall be inadmissible and shall be rejected in an implicit meeting.

Article 21. [ Notice of the Court of Exclusion] The judge should inform the court of the ruling of his or her exclusion and to abstain from participation in the case.

Article 22. [ Proceedings for the exclusion of a Judge] § 1. If the judge is turned down, the judge shall decide on the administrative court in which the case is brought.

§ 2. The order shall be issued by the court in the composition of the three judges, in an implicit meeting, after an explanation has been given by the judge to whom the application relates.

§ 3. In the event that the administrative court referred to in § 1 cannot make an order due to the lack of sufficient number of judges, the Supreme Administrative Court shall designate another court to identify the application.

§ 4. A repetition to exclude a judge without grounds for exemption or based on the same circumstances shall be rejected without being heard by the Judge concerned. The order shall be issued by the court in the three Judges at the secret meeting.

Article 23. (repealed)

Article 24. [ Exemption of a protokolant, a court referendary, and a prosecutor] § 1. The provisions of this Chapter shall apply mutatis mutandis to the exclusion of a protocol, a court referendary and a prosecutor.

§ 2. The request to exclude the prosecutor shall be given to the relevant parent prosecutor.

SECTION II

Pages

Chapter 1

Judicial and procedural capacity

Article 25. [ Judicial capacity] § 1. A natural person, a legal person or an authority of a public administration shall have the capacity to appear before the administrative court as a party (judicial capacity).

§ 2. The judicial capacity also has state and self-government organisational units without legal personality and social organisations without legal personality.

§ 3. The judicial capacity shall also have other organisational units without legal personality, where the laws allow for the possibility to impose or impose on those bodies the powers or the granting of orders and prohibitions, as well as the prohibitions on the part of the judicial capacity of the legal personality. a statement or recognition of an entitlement or an obligation under the law.

§ 4. In addition, judicial capacity has social organisations, even if they do not have legal personality, in terms of their statutory activities in matters relating to the legal interests of others.

Article 26. [ Capacity of the process] § 1. The capacity to act in proceedings in judicial matters (procedural capacity) shall have natural persons with full capacity for legal acts, legal persons and social organisations and organizational units referred to in art. 25.

§ 2. A natural person limited in capacity to legal acts shall have the capacity to act in proceedings in matters arising from legal acts which he or she may carry out on his own.

Article 27. [ Statutory Representation] A natural person who does not have the capacity to act in proceedings may take them only by his or her statutory representative.

Article 28. [ Bodies or persons entitled to act on behalf of business units] § 1. Legal persons and organisational entities with judicial capacity shall carry out activities in proceedings by the authorities or persons authorised to act on their behalf.

§ 2. For the Treasury, it shall act in the proceedings of the body of the organizational unit with which the proceedings are related, or the body of the parent company.

Article 29. [ Formation document] Statutory representative or body or persons referred to in art. 28, they have an obligation to demonstrate their strengthening of the document on the first action in the proceedings.

Article 30. [ Probation of curator] § 1. For a party not having a procedural capacity, which has no statutory representative as well as for the non-body appointed to represent it, the court at the request of the opposing party shall establish the curator, if that party takes up against On the other hand, the action that is not urgent. The order of the court may fall in an implicit meeting.

§ 2. The attitude referred to in § 1 may issue a court referendary.

Article 31. [ Addendum to deficiencies in judicial or procedural capacity] § 1. If the shortcomings of the judicial or procedural capacity, or in the composition of the competent authorities, are supplemented, the court shall set the relevant time limit. In cases in which the establishment of a statutory representative should be taken from office, the court shall request the competent care court.

(2) The Court of First Instance may, on a temporary basis, allow a party which is not capable of judicial or procedural capacity, or of a person not having due statutory powers, provided that, before the expiry of the period laid down, the deficiencies will be completed and the tasks approved. by the person appointed to that person.

§ 3. If the deficiency cannot be supplemented or not completed within the prescribed period, the court shall bring the proceedings, in so far as it is affected by the deficiencies, and shall, where necessary, issue an appropriate provision.

Chapter 2

Parties and participants in the proceedings

Article 32. [ Parties to the proceedings] In proceedings concerning the judiciary, the parties are the complainants and the body whose action, inaction or chronic conduct of the proceedings is the subject of a complaint.

Article 33. [ Participant of the proceedings] § 1. A person who took part in the administrative proceedings and did not bring a complaint, if the result of the legal proceedings concerns her legal interest, is a participant in that proceedings on the rights of the party.

§ 1a. Where the special provision provides that the parties to the proceedings before a public authority are notified of the acts or other activities of that authority by the notice or by any other public announcement, the person who took part in the proceedings the proceedings and have not filed a complaint and the outcome of the legal proceedings concerns its legal interest, shall be a participant in that proceedings on the rights of the party, if before the start of the hearing a request for accession to the proceedings is filed.

§ 1b. If the outcome of the legal proceedings does not concern the legal interest of the persons referred to in § 1 and 1a, and they demand the admission to participate in the proceedings, the court shall issue at the meeting an implicit provision of refusal of admission to participate in the case. The order shall be entitled to a complaint.

§ 2. Participation in the capacity of a participant may also report a person who has not participated in the administrative proceedings if the outcome of this procedure concerns her legal interest, as well as the social organisation referred to in art. 25 § 4, in the cases of other persons, where the case concerns the scope of its statutory activities. The order shall be issued by the court in an implicit meeting. An order for refusal of admission to a participation in a case shall be subject to a complaint.

Chapter 3

Proxies

Article 34. [ Proxies of the process] The parties and their bodies or representatives of the law may act before the court in person or by the plenipotentiaries.

Article 35. [ Persons Entitled To Act As Agents] § 1. The plenipotentiary of the party may be a lawyer and, moreover, another complainant or participant in the proceedings, as well as the spouse, siblings, preliminary or trickling parties and persons with the party in relation to the adoption, and other persons, where provision is made for specific provisions.

§ 2. Plenipotentiary of a legal person or an entrepreneur, including without legal personality, may also be an employee of that entity or its parent body. This also applies to state and local government units which do not have legal personality.

§ 3. A legal person or the management board of a partner company providing, on the basis of separate provisions, legal assistance to the trader, a legal person or any other entity, may grant a procedural power of attorney-on behalf of the entity to whom the aid is provided. legal-lawyer or legal adviser, if authorised by that entity.

§ 4. The agent of the body whose action, inaction or chronic conduct of the proceedings shall be the subject of a complaint may also be an officer or employee headed by that body of the organisational unit.

§ 5. In cases:

1) in which the court presented a legal issue raising serious doubts to settle the composition of the seven judges,

2) in which the court has submitted a question to the Court of Justice of the European Union,

3) complaints against written interpretations of tax law provisions issued in individual cases

-the agent of the body may also be an officer or an employee of a business unit headed by a parent body.

Article 36. [ Types of power of attorney] The power of attorney may be:

1) general-to carry out cases before administrative courts;

2) to conduct individual cases;

3) to some only activities in the proceedings.

Article 37. [ Grant of power of attorney] § 1. The plenipotentiary shall be obliged, at the first procedural step, to attach to the file of the case a power of attorney with the signature of the principal or a written copy of the power of attorney. The lawyer, the legal adviser, the patent office, and the tax adviser may, by themselves, authenticate a copy of the power of attorney granted to them and the copies of other documents proving their attachment. The court may, in case of doubt, request the official certificate of signature of the party

§ 2. In the course of the case, the power of attorney may be given orally at the court session by a statement made by the party and drawn to the protocol.

§ 3. (repealed)

Article 38. [ Substitute signing of power of attorney] For a party that cannot sign, he shall sign a power of attorney authorized by him, with a reason why the party did not sign itself.

Article 39. [ General plenipotentiary or to conduct individual cases] The general mandate or the conduct of the various cases shall consist of the right to strengthen the following:

(1) all the merging with the case of an action in the proceedings, without excluding the application for the resumption of proceedings and the proceedings brought about by the proceedings;

2) to grant further power of attorney under the rules laid down in the separate provisions;

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

4) receiving the costs of the proceedings.

Article 40. [ Scope, duration and effects of strengthening broader than power of attorney] Scope, duration and effects of strengthening broader than the power of attorney referred to in art. 36, shall be assessed according to the content of the mandate and the provisions of civil law.

Article 41. [ Corrigendum or revocation of the representative's statement] A person who is standing at the same time as a proxy may immediately straighter or dismiss a representative's statement.

Article 42. [ Termination of power of attorney] § 1. The termination of the power of attorney by the principal shall have the effect of legal effect in relation to the court from the date of notification to the opposing party and other participants, from the date on which the court was notified to them by the court of first decision.

§ 2. The lawyer, legal adviser, tax adviser or patent attorney who has issued the power of attorney is obliged to act for the site for two more weeks, unless the attorney dismisses him from this obligation. Any other proxy should, in spite of denunciation, act as a principal for the same time as it is necessary to prevent the lender from unfavourable legal effects.

Article 43. [ Termination of power of attorney] In the event of the death of the party, or the loss of the capacity of the judicial authority, However, the plenipotentiary shall act until the proceedings are suspended.

Article 44. [ Provisional admission to the operation of a person without a power of attorney] § 1. The Tribunal may allow a person who is unable to present a power of attorney on a temporary basis to take up the task of urgency.

The Tribunal shall at the same time set a time limit within which a person acting without a power of attorney should submit it or submit the approval of his or her action by the party. If the time limit has passed unsuccessfully, the court will skip the process of the person's trial.

SECTION III

Proceedings before the provincial administrative court

Chapter 1

Writings in court proceedings

Article 45. [ BIBLE PAGES] The letter in the court proceedings (the letter of the party) includes the submissions and statements of the parties.

Article 46. [ Necessary components of the letter] § 1. Each letter of the page shall contain:

1) the designation of the court to which it is addressed, the name of the court and the name of the parties, their legal representatives and agents;

2. designation of the type of letter;

3) the settlement of the application or statement;

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

5) salivation of the annexes.

§ 2. When the letter of the party is the first letter in the case, it should, moreover, contain the indication of the place of residence, and in the absence thereof-the address for service, or the seat of the parties, their legal representatives and agents, and the subject matter of the case, the letter and the further signature of the file.

§ 3. The letter shall be accompanied by a power of attorney or a written copy of the plenipotentiary if the letter is submitted by a representative who has not yet submitted those documents to the court.

§ 4. For a party that cannot sign, it shall sign the letter of the person authorized by it, with the reason why the party did not sign itself.

Article 47. [ Footnotes] § 1. It must be accompanied by the copies and copies of the annexes for service to the parties, and, in addition, where no annexes have been made in the original court after one of the provisions of each annex to the judicial file.

§ 2. The copies within the meaning of § 1 may also be certified photocopies or authenticated e-mail printouts.

Article 48. [ Submission of originals of documents] § 1. The party relying in writing to the document shall be obliged to submit the original of the document in court before the hearing before the hearing.

§ 2. If the document is in the file of the body referred to in art. 76 § 1 and 2 of the Act of 14 June 1960 -The Code of Administrative Procedure and Article 194 § 1 and 2 of the Act of 29 August 1997. -The tax ordination is sufficient to provide an official certified copy or extract from the document by the authority. The Tribunal shall request the award of a write-off or an expression if the party itself cannot obtain them. When the court considers it necessary to review the original document, it may request delivery.

§ 3. Instead of the original of the document, a party may file a copy of the document if its conformity with the original has been certified by a notary or by a lawyer acting as a lawyer, legal adviser, patent attorney or an adviser to the tax.

§ 4. The attestation of conformity with the original by the applicant party who is a lawyer, legal adviser, patent spokesperson or tax adviser, contained in the document, shall be of an official document.

§ 5. If it is justified by the circumstances of the case, the court shall, at the request of the party or of its own motion, require the party submitting a copy of the document referred to in paragraph 3 to submit the original of that document.

Article 49. [ Addendum to formal pleadings] § 1. If the letter of the party cannot receive proper course as a result of the failure to comply with the formal conditions, the President shall invite the party to complete it or to correct it within seven days under the rigorous of leaving the letter without recognition, unless the law provides otherwise.

§ 2. If the party has not supplemented or amended the letter within the time limit, the President shall manage the keeping of the letter without recognition. There is a complaint to the Ordinance.

§ 3. The letter amended or supplemented by the deadline shall have effect from the date on which it was lodged.

§ 4. The activities referred to in paragraphs 1 and 2 may be carried out by a court referendary.

Chapter 2

Complaint

Article 50. [ Legitimacy to lodge a complaint] § 1. The right to lodge a complaint is anyone with a legal interest, a prosecutor, the Ombudsman, a spokesperson for the Rights of the Child and a social organisation in the scope of its statutory activities, in matters relating to the legal interests of others. persons, if they have participated in the administrative procedure.

§ 2. The entitled to bring a complaint is also another entity to which the laws grant the right to lodge a complaint.

Article 51. [ Active participation] A number of persons entitled to lodge a complaint may, in one case, act as complainants if their complaints relate to the same decision, order, other act or action or the inactivity of the authority or the chronic conduct of the proceedings.

Article 52. [ Admissibility of the action] § 1. A complaint may be lodged after the appeal has been exhausted, if they have served the applicant in the proceedings before the competent authority in the case, unless the application is brought by the prosecutor, the Ombudsman or the Ombudsman.

(2) By exhaustion of the remedies, it is appropriate to understand a situation in which a party is not entitled to any appeal, such as a complaint, an appeal or a request for reconsideration of the case, as provided for in the Act.

§ 3. If the Act does not provide for measures to challenge the subject of a complaint, a complaint against the acts or acts referred to in Article Article 2 (2) (4) and (4a) may be lodged after the first notice in writing by the competent authority, within fourteen days of the date on which the complainant became aware, or may have been informed of the adoption of the act or of any other action, to remedy the breach of the law. After having lodged a complaint, the Tribunal may consider that the failure to fulfil that period was without fault of the complainant and to identify the complaint.

§ 4. In the case of other acts, if the Act does not provide for legal remedies in the case under appeal and does not provide otherwise, it is also necessary before the application is brought before the court to call in writing the competent authority to remove the violation of the law. The time limit referred to in § 3 shall not apply.

Article 53. [ Deadline for lodging a complaint] § 1. The complaint shall be lodged within 30 days of the date on which the applicant is served on the matter.

§ 2. In the cases referred to in art. 52 (3) and (4), the complaint shall be lodged within 30 days of service of the response of the authority to the request for the removal of the breach of the law and, if the authority has not responded to the request, within sixty days of the date on which the request was lodged. Violation of the law.

§ 3. The prosecutor, the Ombudsman or the Ombudsman may bring a complaint within six months from the date of service of the decision on the individual case and in other cases within six months of the day of entry into the life of the act or take any other action justifying the lodging of a complaint. This term shall not apply to the lodging of complaints against the acts of the local authorities of local government units and local government authorities.

Article 54. [ Lodging of the complaint] § 1. A complaint shall be lodged with the administrative court through a body whose action, inaction or protracted conduct is the subject of a complaint.

§ 2. The body referred to in § 1 shall transmit the complaint to the court together with the complete and orderly acts of the case and the response to the complaint within thirty days from the date of its receipt.

§ 3. The body whose action, inaction or chronic conduct of the procedure has been challenged may, within the scope of its jurisdiction, take account of the complaint in its entirety within thirty days of its receipt. In the light of the complaint, the Authority shall at the same time determine whether the action, inaction or chronic conduct of the proceedings have taken place without a legal basis or a flagrant violation of the law. The provision of § 2 shall apply mutatis mutandis.

§ 4. In the case referred to in art. 33 § 1a, the body shall notify the application, together with the reply to the complaint, by the notice at the premises of the body and on its website and in a manner customarily adopted in the place concerned, instructing the content of that provision.

Article 55. [ Breach of duties by the authority concerned by the complaint] § 1. In the event of failure to comply with the obligations referred to in Article 54 § 2, the court, at the request of the complainant, may rule on the imposition of a fine of a fine of the amount specified in the Article. 154 § 6. The order may be issued at an implicit meeting.

(2) If the authority has not submitted a complaint to the court in spite of the imposition of a fine, the court may, at the request of the applicant, identify the case on the basis of the written pleadings of the action where the factual and legal situation referred to in the application does not give rise to reasonable doubt.

§ 3. Of gross breaches of the obligations referred to in § 2 or in Art. 54 § 2, the formation of the adjudicatory or the president of the court shall notify the competent authorities responsible for the examination of petitions, complaints and requests.

Article 56. [ Suspension of proceedings] Where an action is brought before the court after the opening of the administrative procedure for the purpose of amending, repealing, annulling the act or resuming the proceedings, the proceedings shall be suspended.

Article 57. [ Form and content of the complaint] § 1. The complaint should make a statement to the requirements of the letter in the court proceedings, and also include:

1) an indication of the contested decision, order, other act or action;

2) the designation of the authority, whose actions, inaction or chronic conduct of the action, the complaint concerns;

3) determination of the violation of the law or the legal interest;

4) in the cases referred to in art. 52 § 3 and 4, proof that the complainant has called on the competent authority to remove the breach of the law.

§ 2. In the case referred to in art. 51, complaints may be filed in one letter.

§ 3. If more than one act or action or an action or an inaction or a chronic conduct of the procedure has been challenged in one letter, the President shall manage the separation of those complaints.

Article 57a. [ Complain of the written interpretation of the provisions of tax law] [ 3] A complaint against a written interpretation of the provisions of a tax law in an individual case, an opinion protecting and refusing to issue a security opinion may be based solely on the allegation of infringement of the provisions of the proceedings, the admissibility of an error the interpretation or inaccurate assessment of the application of the substantive law. The Administrative Court shall be bound by the charges of the application and the legal basis set up.

Article 58. [ Rejection of the complaint] § 1. Court rejects the complaint:

1) if the case does not belong to the jurisdiction of the administrative court;

2) brought after the expiry of the time limit for its transfer;

3) when no formal complaints have been completed within the prescribed period;

4) if the case covered by the complaint between the same parties is in progress or has already been adjudicated by a final judgment;

(5) if one of the parties does not have a judicial capacity, or if the complainant has no procedural capacity and does not act as a statutory representative, or if there are deficiencies in the composition of the bodies of the applicant's organisational unit preventing it from acting;

(5a) if the legal interest or the right of the complainant for a resolution or act as referred to in Article 3 (1) (a) is not Points (5) and (6) of Article 2 are not affected by the requirements of the special provision;

6) if, for other reasons, the complaint is inadmissible.

§ 2. In the absence of judicial capacity of one of the parties, or of the applicant's procedural capacity and of the failure to act by a statutory representative or a lack in the composition of the authorities of the applicant, which makes it impossible for him to act, the court shall reject the application. only if the absence is not completed.

§ 3. The court rejects the action by order. The rejection of the application may be held in an implicit meeting.

§ 4. The Tribunal may not reject the application for a reason referred to in paragraph 1 (1) if, in that case, the general court has declared itself not to be competent.

Article 59. [ Forwarding of the complaint to the competent court] § 1. If another administrative court is competent to hear the case, the court which finds its incompetence shall refer the case to the competent administrative court. The order of the court may fall in an implicit meeting.

§ 2. The court to which the case has been referred shall be bound by the order to refer the case. This shall not apply to the transfer of the case to the General Administrative Court.

§ 3. The actions taken in the wrong court remain in force.

Article 60. [ Withdrawal of the action] The complainant may withdraw the complaint. The revocation shall be binding on the court However, the court shall consider the withdrawal of the action to be inadmissible if it seeks to circumvent the law or would result in an act or acts which are affected by the invalidity of the action in force.

Article 61. [ Consequences of the action] § 1. The lodging of a complaint shall not suspend the execution of an act or an act.

§ 2. In the event of a complaint:

(1) for a decision or order, the authority which issued the decision or order may hold, on its own motion or at the request of the applicant, their execution, in whole or in part, unless there are indications from which, in administrative proceedings, they have been subject to the it shall give a decision or a minimum of immediate enforceability, or, where a specific law precluded the cessation of its implementation;

2) to other acts or public administration tasks concerning the powers or obligations arising from the provisions of law-the competent authority may, on its own motion or at the request of the applicant, hold the execution of the act or acts in whole or in part;

3) for resolutions of bodies of local government units and their associations and on the acts of the field bodies of governmental administration-the competent authority may, ex officio or at the request of the complainant, hold the execution of a resolution or act in whole or in part, with the exception of local law provisions which have entered into force.

§ 3. After transmission of the application to the court, the court may, at the request of the applicant, issue an order to suspend the execution, in whole or in part, of the act or acts referred to in paragraph 1, if there is a danger of serious injury or of cause for the cause of the damage caused by the difficult to reverse effects, with the exception of the provisions of local law which have entered into force, unless a specific law precluded the cessation of their implementation. The refusal to hold an act or act by the authority shall not deprive the applicant of the application to the court. It shall also apply to acts issued or undertaken in all proceedings within the limits of the same case.

§ 4. Provisions on the suspension of an act or action issued, pursuant to § 2 and 3, the court may amend or repeal at any time in the event of a change of circumstances.

§ 5. The provisions referred to in paragraphs 3 and 4 may be issued by the court in an implicit meeting.

§ 6. The cessation of execution of an act or action shall be repealed with effect from:

1) the decision of the court to take account of the complaint;

2) the decision to dismiss the decision dismissing the complaint.

Article 62. [ Preparation of the hearing] Chairman of the department or appointed judge:

1) manage the completion of the files necessary for the diagnosis of the case, and if necessary also other evidence;

2) indicate the composition of the judicial adjudicatory in the case, designated in the manner referred to in art. 17;

3) designate the term of an implicit meeting or a hearing in which the matter is to be recognized.

Chapter 3

Request for the initiation of a proceeding

Article 63. [ Initiation of proceedings] If the law so provides, the court proceedings shall be initiated upon request.

Article 64. [ Application content] § 1. The application shall be made directly to the court.

§ 2. The application shall be to satisfy the requirements of the letter in the court proceedings, and shall include the definition of the request, its grounds and the grounds for and the designation of the parties and the bodies, and to meet other requirements laid down in the specific provisions.

§ 3. The application shall be subject to the application of the provisions of the application, where the law does not provide otherwise.

Chapter 4

Service

Article 65. [ Delivery of letters in court proceedings] § 1. The court shall deliver service by the postal operator within the meaning of the Act of 23 November 2012. -Postal law (Dz. U. Entry 1529 and from 2015. items 1830), by his employees or by other persons authorized by the court of the person or the authorities.

§ 2. For the service of letters in court proceedings by the postal operator, the mode of service of the court letters in civil proceedings shall be used, if the provisions of this chapter do not provide otherwise.

§ 3. The letter can also be delivered via facsimile or e-mail. In that case, the proof of service shall be the proof of transmission of data.

Article 66. [ Direct delivery of writings] § 1. In the course of the case, lawyers, legal advisers, tax advisers and spokespersons shall serve each other handwriting directly against the receipt and marking of the date or the registered mail. The text of the pleading in proceedings brought before the court shall include a statement of the service of the written copy of the other party or of the transmission of the letter to the other party. Letters not containing the above statement are refundable without calling for the removal of this lack.

§ 2. The address of the addressee may also be given by giving him a letter directly at the court's secretariat.

§ 3. The provisions of § 1 shall not apply to the lodging of a complaint, a complaint, a complaint, an objection, an application for a resumption of proceedings and a complaint against the law of a final judgment.

Article 67. [ Recipients of the Scriptures] § 1. If the party is a natural person, the service shall be effected in person and, where there is no procedural capacity, to the legal representative of the party.

§ 2. The Scriptures in legal proceedings or rulings for a legal person, as well as for an organisational unit without legal personality, shall be served on the authority authorized to represent them before the court or to the hands of the employee authorized to Receipt of letters.

§ 3. Writings in court proceedings for entrepreneurs and accomplices of commercial companies entered in the court register on the basis of separate regulations shall be served on the address specified in the register, unless the party has indicated a different address for service.

§ 4. If service is not possible in the manner prescribed in § 3, the provisions of Article 3 shall apply mutatis mutandis. 70 § 2.

§ 5. Where a representative or person authorised to receive letters in court proceedings has been established, service shall be effected to those persons.

Article 68. [ Delivery of letters in public holidays or night time] § 1. In the public holidays and at night, service may be effected only in exceptional cases, with the prior order of the President of the court.

§ 2. For the night time shall be considered the time from the twenty-first hour to the seventh hour.

Article 69. [ Place of service] Service shall be effected in the apartment, at the place of work or where the addressee is in the position of the incumbation.

Article 70. [ Notification of the court of change of residence, address or place of establishment] § 1. The parties and their representatives shall be obliged to notify the court of any change in their residence, address for service or establishment.

§ 2. In the event of negligence of this obligation, the letter shall be left in the file with effect of service, unless the new address is known to the court. The court should instruct the party on the first delivery of the obligation and the consequences of its failure to comply.

§ 3. The provision of Article 2 shall not apply to the service of the application for the resumption of proceedings.

Article 71. [ Delivery of writings to soldiers and prisoners] § 1. Service to soldiers of a host military service shall be effected by the commander of the military unit in which the soldier is in service.

§ 2. The dormance of persons deprived of liberty shall be effected through the administration of the appropriate establishment.

Article 72. [ Serving in the absence of the addressee in the apartment] § 1. If the service does not satisfy the addressee in the apartment, it may serve the letter to the adult house, and if it were not, the manager of the house or caretaker, if they do not have any conflicting interests in the matter and have undertaken to give him the letter.

§ 2. If service is effected in the workplace, a letter may be served to the person authorised to receive the letters.

Article 73. [ Replacement] § 1. If the letter cannot be served in the manner prescribed by the Article. 65-72, the letter consists of a period of fourteen days in a post office within the meaning of the Act of 23 November 2012. -Postal law or the office of the municipality, at the same time making the notification referred to in § 2.

§ 2. The notice of the submission of the letter, together with the information on the possibility of its receipt at the post office or the office of the municipality within seven days from the date of leaving the notice, shall be placed in the postpone mailbox, and when that is not possible, at the door of the dwelling of the addressee or at the place indicated as an address for service, on the door of the office or of another room where the addressee carries out his professional activities.

§ 3. In the event of failure to take the letter within the period referred to in § 2, the notification of the possibility of receipt of the letter shall be left to the end of the period of not more than fourteen days from the date of the first notification of the submission of the letter in the post office or in the the municipal office.

§ 4. Service shall be deemed to have been effected on the expiry of the last day of the period referred to in paragraph 1.

Article 74. [ Refusal to accept letter by addressee] § 1. If the addressee refuses to accept the letter, it shall be returned to the court with an endorsement of the refusal of acceptance and the date of refusal. The letter, with the annotation, shall be attached to the file.

§ 2. In the case referred to in § 1, the letter shall be deemed to have been served on the date of the addressee's refusal to accept it.

Article 75. [ Service of write-off letters] Writings in court proceedings and decisions shall be served in the writings.

Article 76. [ Multiple eligible for service] § 1. One copy of the letter and the annexes shall be served on the representative of several persons.

§ 2. An authorized by several participants in the proceedings to receive letters in court proceedings shall be served on one copy for each participant.

§ 3. If there are several plenipotentiaries of one party, the court shall serve the letter only to one of them.

Article 77. [ Receipt of letter of receipt] § 1. The receiving letter confirms receipt and its date of its own signature. If this does not or does not wish to do so, the service shall mean the date of service and the reasons for the absence of signature.

§ 2. The Dorcitor shall state on the acknowledgement of receipt of the method of service, and shall mark the day of service in the written form and shall bear that statement with his signature.

Article 78. [ Kurator for Service] If the party whose whereabouts are not known is to be served with a complaint or other handwriting in a court proceedings or a ruling calling for the need to defend its rights, service may at the time of notification of the party or of its representative or The agent shall only take place at the hands of the curator established at the request of the person concerned by the adjudicating court.

Article 79. [ Appointment of a Curator] § 1. The Tribunal shall establish a probation officer if the applicant is prima facie aware that the whereabouts of the site are not known. The order shall be issued by the court in an implicit meeting.

§ 2. The appointment of the curator shall be made public in the court building and the office of the competent municipality, and in matters of greater importance when he or she considers it necessary, including in the press.

§ 3. When the letter is delivered to the curator, service shall take effect. The Tribunal may, however, make the effectiveness of service on the expiry of the period marked from the date of the publication of the notice in the court building.

§ 4. The activities referred to in § 1-3 may be carried out by a court referendary.

Article 80. [ The curator for organizational units that have no bodies] The provisions on the service of the party whose whereabouts are unknown and the establishment of the curator shall also apply to the business units which have no bodies or whose organs are not known from the place of establishment.

Article 81. [ Unjustified designation of the curator for service] Where it is found that a request to establish a probation officer or a statement of the letter has not been justified, the court shall order the service of the letter in a proper manner and, where necessary, bring the proceedings carried out with the participation of the probation officer or, if necessary, to the party concerned, or after having posted the letter in the court building.

Chapter 5

Time limits

Article 82. [ Start of the court deadline] The period laid down by the court or the chairman (judicial period) shall begin with the notice on the subject of the order or order and, where the law provides for service from the office of service, from its service.

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

§ 2. If the last day of the term falls on a Saturday or a public holiday, the last day of the term shall be deemed to be the following day after the day or days off from work.

§ 3. Giving the letter to the Polish postal facility of the operator designated within the meaning of the Act of 23 November 2012. -Postal law or postal service provider providing postal services common to another Member State of the European Union, the Swiss Confederation or a Member State of the European Free Trade Agreement (EFTA)-a the agreement on the European Economic Area, or the Polish consular office, is equivalent to bringing it to court.

§ 4. The same applies to the submission of a letter by a soldier at the military unit's command or by a person deprived of their liberty in the administration of a criminal or an investigator and by a crew member of the Polish seagoing ship in the master of the ship.

Article 84. [ Prolonging and shortening of time limits] The Chairperson may for an important reason extend the court deadline either from the office or at the request of the party requested before the deadline, and also shorten the court deadline at the request of the party.

Chapter 6

Failure to fulfil and reinstatement

Article 85. [ The ineffectiveness of the action taken after the deadline] The action in court proceedings taken by the party after the expiry of the time limit shall be ineffective.

Article 86. [ Restoration of deadline] § 1. If the party has not carried out an action in court proceedings without his fault, the court shall decide upon its request to reinstal the time limit. An order to reinstate or refuse to reinstate it may be issued at a meeting of classified information.

§ 2. Restoration of the time limit shall not be admissible if the failure of the time limit does not cause the party to adverse consequences in the field of legal proceedings.

§ 3. The decision to reinstate or refusing to restore the time limit shall be entitled to a complaint.

Article 87. [ Application for reinstatement] § 1. The letter of application for the reinstatement of the period shall be lodged with the court in which the action was to be carried out, within seven days of the reason for the failure to comply with the time limit.

§ 2. In that letter, the circumstances indicating that there is no fault in the expiry of the time limit should be prima facie.

§ 3. An application for reinstatement of a time limit for bringing an action shall be requested through a body whose action, inaction or chronic conduct of the proceedings is the subject of a complaint.

§ 4. At the same time, the party should make a request that it has not completed within the time limit.

§ 5. After one year after the lapsed date, its reinstatement shall be permitted only in exceptional cases.

Article 88. [ Rejection of late or inadmissible request for reinstatement of the time limit] Late or inadmissible an application for reinstatement of the term of the court shall be rejected by an implicit meeting. The order shall be entitled to a complaint.

Article 89. [ Cessation of proceedings or enforcement of a decision] The application for reinstatement shall not stop the proceedings in the case or the enforcement of the decision. The Tribunal may, however, in accordance with the circumstances, withhold the proceedings or execute the decision. The order may be issued at an implicit meeting. If the application is taken into account, the court may immediately proceed to the case.

Chapter 7

Court meetings

Article 90. [ Explicit meetings] § 1. Unless otherwise provided for in the special provision, judicial meetings shall be public and the court adjudicating the case shall be heard at the hearing.

The Tribunal may refer the matter to the public hearing and shall also appoint a hearing if the case is subject to recognition at a meeting of the public.

Article 91. [ Designation of the sitting] § 1. Judicial meetings shall be appointed by the chairperson of the office, whenever the state of the case requires it.

§ 2. Open meetings shall be notified to the parties in writing or by the notice during the meeting. The party which is not present in the public meeting shall always be notified to the next meeting. The notification shall be served at least seven days before the meeting. In urgent cases, this time limit may be reduced to three days.

§ 3. The Tribunal may, in order to clarify matters more precisely, order the parties, or one of them, either in person or by a proxy.

Article 92. [ Prosecutor's participation in the proceedings] § 1. The proceedings before the court shall be held with the participation of the public prosecutor, the Ombudsman or the Ombudsman, if they have lodged a complaint or if they have made their participation in the proceedings before the court.

§ 2. The absence of the prosecutor, the Ombudsman or the Ombudsman of the Rights of the Child at the hearing does not hold the case by the court.

Article 93. [ Content of the notice of meeting] The notice of meeting shall mean:

1. the name and registered office of the notified person and the address of the notified person;

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

3) the complainant and the subject matter;

4) the purpose of the meeting;

5) the effects of non-instability.

Article 94. [ Place of meetings] Court meetings are held in a judicial building and outside this building only at that time, subject to safety requirements, where the judicial activities have to be carried out elsewhere or when the meeting outside the court building facilitates the operation of the court. the implementation of the case or contributes significantly to cost savings.

Article 95. [ Introduction to the meeting] For public meetings, the court shall have access to the courtroy, in addition to the parties and persons who have been called upon, only to persons who are not subject to the age of 18. Only persons who are called upon to hold an implicit meeting shall be allowed.

Article 96. [ Meeting on closed doors] § 1. The court of its own motion shall administer the whole meeting or parts of a closed door if the public recognition of the case threatens the morality, the security of the State or the public order, and where circumstances may be disclosed which constitute the Classified information.

§ 2. The Tribunal shall, at the request of the party, manage the meeting at the closed door if the protection of the private party's life or other important private interest so requires. The proceedings relating to this application shall be carried out at the closed doors. The order in this subject shall be made public.

Article 97. [ Entry for closed-door meeting] § 1. During the closed-door meeting, the parties, their legal representatives and representatives, the public prosecutor and the persons of trust shall be present in the Chamber: the parties shall be held in the Chamber.

§ 2. The announcement of the decision terminating the proceedings in the case shall be made public.

Article 98. [ Chairman's powers] § 1. The President shall open, conduct and close the meetings, give the floor, ask questions, give questions and give a statement of decisions.

§ 2. The President may receive the floor when the speaker is abused, and the question should be abrogated if he/she deems it improper or superfluous.

Article 99. [ Deferral of the sitting] The court may, even at the request of the parties, postpone the meeting only for an important reason.

Article 100. [ Protocol or official notice of the sitting] § 1. The protocol shall be written in the course of the meeting of the public protokolant under the direction of the President.

§ 2. An official note shall be drawn up from the classified meeting if no decision has been given.

Article 101. [ Protocol Content] § 1. The Protocol should contain:

1) the designation of the court, the place and date of the meeting, the names of the judges, the protocol, the prosecutor, the parties, as well as those present at the meeting of the statutory representatives and agents and the designation of the case and the mention of the disclosure;

2) the course of the meeting, in particular the conclusions and claims of the parties, the determination of the orders and decisions given at the meeting and the statement of whether they have been announced; if the preparation of a separate operative part of the decision is not required, sufficient the entry in the minutes of the contents of the decision itself; instead of applications and claims, the protocol may be set out in the preparatory letters;

3) actions of the parties relevant to the resolution of the case. § 2. The protocol shall be signed by the chairman and the protokolant.

Article 102. [ Other ways of persisting a task] Furthermore, the course of a protocol may be recorded by sound apparatus, which shall, before the start of the apparatus, warn all persons involved in the operation.

Article 103. [ Corrigendum or Protocol Addendum] The Parties may request to rectify or supplement the minutes at the next meeting, but not later than 30 days from the date of the meeting from which the minutes were drawn up. The President of the Party may appeal to the Tribunal within seven days of the date of service of the order.

Article 104. [ Attachments to the Protocol] In the course of the meeting, the conclusions, statements, additions and corrigations of applications and statements may be included in the Annex to the Protocol. Where a party replaces a lawyer, a legal adviser, a tax adviser or a patent attorney, the President may request that such an annex be lodged within the prescribed time limit.

Article 105. [ Notification of reservation to the Protocol] The parties may, in the course of the meeting and, if they have not been present, at the next meeting, draw the court's attention to the failure to comply with the provisions of the procedure by requesting a flag to be entered in the minutes. A party which has not objected shall not have the right to rely on such misconduct in the subsequent course of the proceedings, unless it is a matter of law which the court of first instance should take under consideration from its own motion, or where the party concerned has failed to comply with the provisions of the proceedings. It is probable that he did not raise any objections without his fault.

Article 106. [ Course of the hearing] § 1. After the case is invoked, the hearing starts with the report of the judge, which succinates the state of affairs on the basis of the file, with particular reference to the pleas of the action

§ 2. After the submission of the report, the parties-first the complainants, and then the authority-shall report their requests and requests orally and make an explanation. The parties may also indicate the legal and factual basis of their requests and requests. The President shall give the floor to the other parties in accordance with their order.

§ 3. The Tribunal may, on its own motion or at the request of the parties, carry out any supporting evidence from the documents, if this is necessary to clarify the relevant doubts and will not result in an excessive extension of the proceedings.

§ 4. The facts commonly known to the court take into account even without relying on them by the parties.

§ 5. The provisions of the Code of Civil Procedure shall apply to the proceedings of evidence as referred to in § 3.

Article 107. [ Absence at the hearing] The absence of the parties or their proxies at the hearing does not hold the case.

Article 108. [ Submission of applications and evidence of parties not present] In the absence of the party or of its representative at the hearing, the chairman or the Judge-Rapporteur appointed by him shall submit their conclusions, claims and evidence to the file.

Article 109. [ Deferral of the hearing] The hearing shall be postponed if the court finds the irregularity of the notification of any of the parties, or if the absence of the party or its representative is caused by an extraordinary event or other known court of impediment which cannot be found in the overcome, unless the party or its proxy has brought about the recognition of the case in their absence.

Article 110. [ Deferral of the hearing] The hearing shall be postponed if the court decides to notify the persons who have not so far taken part in the proceedings in the capacity of the parties of the legal proceedings.

Article 111. [ Cumulative Case Diagnosis] § 1. The court shall manage the combination of several separate cases pending before it for the purpose of their joint recognition or resolution if they may have been covered by a single complaint.

The Tribunal may order a combination of a number of separate cases pending before it for the purpose of their joint recognition, or if they are to be resolved, if they are in a relationship.

Article 112. [ Repeal of the Authority from application to the court order] In the event of an infringement of the authority from the application of the order of the court or of the President of the President taken in the course of the proceedings and in connection with the identification of the case, the court may decide that the fine should be brought to the authority of a fine in the amount specified in Article 154 § 6. The order may be issued at an implicit meeting. Article Recipe 55 § 3 shall apply mutatis mutandis.

Article 113. [ Close of the hearing] § 1. The President shall close the hearing when the court considers the case to be sufficiently clarified.

§ 2. You may also close the trial if you are to carry out further proof of the documents known to the parties, and carry out the hearing as to this evidence the court will consider too superfluous.

Article 114. [ Appeals against decisions of the President issued in the course of the hearing] From the decisions of the President issued in the course of the hearing, the parties may appeal, until the hearing is closed, to the adjudicatory court.

Chapter 8

Mediative and simplified procedures

Article 115. [ Application for mediation proceedings] § 1. At the request of the complainant or of the body, filed before the hearing, a mediation procedure may be carried out to clarify and consider the facts and legal circumstances of the case and the parties ' acceptance of the findings as to the how to deal with it within the limits of the applicable law.

§ 2. The mediation proceedings may be conducted in the absence of a request by the parties to carry out such proceedings.

Article 116. [ Mileage of the mediation procedure] § 1. The mediation proceedings shall be carried out by a judge or a judicial referendary appointed by the chairman of the department.

§ 2. The mediation meetings are held with the parties.

§ 3. The minutes of the mediation meeting shall be followed by a protocol in which the positions of the parties are made, and in particular the arrangements made by the parties on the manner in which the matter is to be dealt with. The protocol shall be signed by the mediator and the parties.

Article 117. [ Determining the parties as to how to deal with the matter] § 1. On the basis of the findings of the mediation procedure, the body shall abrogate or amend the contested act, or exercise or take another action in accordance with the circumstances of the case in respect of its competence and competence.

§ 2. If the parties fail to make a determination as to the way in which the matter is dealt with, it shall be subject to recognition by the court.

Article 118. [ Complaint on the file or action issued or taken on the basis of the findings] § 1. On the file issued on the basis of the findings referred to in Article 117 § 1, you may lodge a complaint with the voivodship of the administrative court within thirty days from the date of service of the act or the execution or taking of the action. The court shall, together with the complaint lodged on the file or the act in which the proceedings have been carried out, recognise the complaint.

§ 2. Where an application or action has been issued or taken on the basis of the findings referred to in Article 2. 117 § 1, it will not be brought or the complaint will be dismissed, the court of law of the proceedings in the case in which the mediation proceedings have been carried out.

Article 119. [ Simplified procedure] The case may be recognized in a simplified mode if:

1) the decision or order is affected by the invalidity referred to in art. 156 § 1 of the Code of Administrative Procedure or other provisions or has been issued in breach of the law giving rise to the reopening of the procedure;

2. the party shall request the case to be referred in the simplified procedure and none of the other parties shall, within fourteen days of the notification of the request, request that the hearing be carried out;

3) the subject of the complaint is the order issued in the administrative proceedings, for which the complaint or termination of proceedings is served, as well as the order concluding the matter as to the substance and the order issued in the enforcement proceedings and the security to which the complaint is used;

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

Article 120. [ Recognizer of cases in simplified mode] In a simplified procedure, the court shall recognise the cases in an implicit meeting in the composition of the three Judges.

Article 121. [ Referral of case for recognition in simplified mode] The case may also be identified in simplified mode in the case referred to in art. 55 § 2.

Article 122. [ The transfer of the case to ordinary proceedings] The court recognizing the case in a simplified mode may refer the case to the case at the hearing.

Chapter 9

Suspension and action

Article 123. [ Suspension of the proceedings under the law] The proceedings shall be suspended by law in the event of a force majeure by a court of law.

Article 124. [ Compulsory suspension of the procedure from the office] § 1. The court suspends the proceedings of the office

1) in the event of the death of the party or its statutory representative, the loss of any capacity of the trial, the loss of the party by the party's capacity, or the loss by a representative of the statutory character of such a representative, subject to § 3;

(2) if there are deficiencies in the composition of the bodies of the holding of the party that is party to the party;

3) if the party or its statutory representative is located in a locality deprived of the result of extraordinary events of communication with the seat of the court;

4) if bankruptcy proceedings have been initiated against the party, and the case concerns the subject matter of the mass of bankruptcy;

5. in the event that the court has presented a legal question to the Constitutional Court or the Court of Justice of the European Union in that proceedings;

6) in the case referred to in art. 56.

§ 2. In the cases referred to in paragraphs 1 (1) and (4), the suspension shall have effect from the day of the events which caused them. However, these events shall not hold the decision if they have taken place after the closure of the hearing.

§ 3. The proceedings shall not be suspended in the event of death of the party if the subject matter of the proceedings relates exclusively to the rights and obligations intimately linked to the person of the deceased.

Article 125. [ Optional suspension of the procedure] § 1. The Tribunal may stay the proceedings of the office of:

1) if the resolution of the case depends on the outcome of another ongoing administrative, judicial, judicial, before the Constitutional Tribunal or the Court of Justice of the European Union;

2) if an act is disclosed, the finding of which by criminal or disciplinary action could have an impact on the settlement of the judiciary case;

(3) if, as a result of the absence or indication of the complainant's wrong address or failure by the complainant to do so, other orders cannot be subject to a further course;

4) in the event of the death of the proxy, unless the party is acting before the court in person.

§ 2. If criminal or administrative proceedings are not yet started and its initiation depends on the request of the party, the court will set a time limit for the opening of proceedings, in other cases it may ask the competent authority.

Article 126. [ Suspension of proceedings at the request of the parties] The court may also stay the proceedings at the request of the parties.

Article 127. [ The effects of the suspension of proceedings] § 1. In the event of suspension of the proceedings on a legitimate request of the parties or the impossibility to proceed with the case, the suspension shall hold only the course of the court dates, which shall run further until the date of the proceedings.

§ 2. In all other cases of suspension, no time limits shall run and shall start to run only from the beginning of the day of the proceedings. Judicial deadlines should be reappointed as necessary.

§ 3. During the suspension, the court shall not take any action with the exception of those aimed at taking the proceedings or withholding the execution of the act or acts. The actions taken by the parties, and not those relating to these objects, shall only have effect from the date on which the proceedings were taken.

Article 128. [ Taking the proceedings] § 1. The court decides to take the proceedings of the office when the cause of the suspension ceasings, in particular:

1) in the event of death of the party-from the day of the declaration or indication of the legal successors of the deceased or from the day of establishment in the appropriate path of the probation curator;

2. in the event of loss of judicial capacity, from the date on which the general legal successor has been established;

3) in the absence of a statutory representative-from the date of its establishment;

4) when the settlement of the case depends on the outcome of another procedure-from the date of the final decision of the decision terminating the proceedings; however, the court may, and before, take further proceedings, as appropriate.

2. If, during the course of a year from the date of issue of the suspension order, the proceedings are not notified or the successors of the deceased party have been indicated, the court may, on its own motion, ask the court of succession to establish the probation curator, unless such a curator is has already been established. This may be done by a referendary of the court.

Article 129. [ Taking up a procedure which is suspended at the request of the parties] In the event of suspension of proceedings on a legitimate request of the parties, the court decides to take the proceedings at the request of any of them, not earlier than three months after the suspension of the proceedings.

Article 130. [ Waiver of suspended proceedings] § 1. The court of law shall suspend the proceedings:

(1) if the application for a procedure which is suspended on a consistent request of the parties or for the reasons set out in the Article 125 § 1 point 3, has not been notified within three years from the date of issue of the suspension order;

2. in the absence of any legal successor of the party which has lost the judicial capacity and in any event after the expiry of a period of three years from the date of issue of the suspension for that reason;

3) in the case of death of the party, after the expiration of five years from the date of the order of suspension of the proceedings for that reason.

§ 2. The murder of the suspended proceedings before the Supreme Administrative Court renders the decision of the voivodship of the administrative court to be legitised.

Article 131. [ The decision to suspend, take and discontinue the proceedings] The decision on the suspension, taking and remission of the proceedings may be held in an implicit meeting. The decision to suspend the proceedings and the refusal to proceed shall be subject to a complaint.

Chapter 10

Judicial decisions

Article 132. [ Judgment] The court resolves the case.

Article 133. [ Edition of the judgment] § 1. The court shall issue a judgment after the closure of the hearing on the basis of the case file, unless the authority has failed to perform the obligation referred to in Article 54 § 2. The sentence may be issued at a meeting classified in simplified proceedings or if the law so provides.

§ 2. The Tribunal may open up a closed hearing.

§ 3. The hearing shall be reopened if the relevant circumstances have not yet been disclosed after the closure.

Article 134. [ Bond of the court of the case] § 1. The Court of First instance shall, within the limits of the matter in question, not be bound by the pleas in law of the Court of First instance and the application of the action and the legal basis 57a.

(2) The Court of First Instance may not give a decision to the disadvantage of the applicant, unless it finds that there is a breach of the law resulting in the annulment of the contested act or

Article 135. [ The competence of the court to remove the violation of the law within the scope of the case] The Court of First instance shall apply the measures provided for by the law to remove the infringement of the law in respect of acts or acts issued or taken in all proceedings within the limits of the case to which the action relates, where this is necessary for the final her business.

Article 136. [ Judges ' composition issuing the judgment] The judgment may be handed down only by the Judges before which the hearing prior to the direct issue of the judgment has taken place.

Article 137. [ Judges ' Narada] § 1. The court shall issue the judgment after the implicit deliberation of the judges. The course of the deliberation and the vote on the ruling shall be secret, and the exemption from the conduct in this respect of the secrecy, subject to § 3, shall not be admissible. The deliberations include a discussion, a vote on the ruling and the main reasons for the resolution, and the writing of the operative part of the sentence.

(2) The President shall hold the votes of the Judges, starting with the youngest age at the judge of the administrative court, and shall vote last. The rapporteur, if he is appointed, shall vote first. The judgment falls by a majority of votes. The Judge who, by the vote, disagreed with the majority, may, when signing the operative part, declare a separate sentence and shall be obliged to justify it in writing before the reasons are signed. A separate sentence may also apply to the justification itself.

§ 3. The declaration of a separate sentence shall be notified and, if the member of the formation of the decision which has declared the separate sentence, has given his or her consent, including his or her name.

§ 4. The sentencing of the judgment shall be signed by the entire court.

Article 138. [ Operative part of the judgment] The operative part of the judgment should contain: the mark of the court, the names of the judges, the protocol, and the prosecutor, if he participated in the case, the date and place of recognition of the case and the judgment, the name or the name of the applicant, the subject of the appeal and the resolution of the court.

Article 139. [ Announcement of the judgment] § 1. The announcement of the judgment should take place at a meeting on which the hearing is closed. However, in the case of a failed court, it may postpone the announcement of the judgment in time to fourteen days. In the order of postponement, the court should set a time limit for declaring the judgment and declare it immediately after the closure of the hearing. This time limit may be extended only once and at most seven days.

§ 2. The announcement of the judgment shall be held in open court. The absence of the parties does not hold the announcement. If the notice was postponed, the chairman or one of the judges of the formation of the adjudicating bench may be made by one person.

§ 3. The publication of the judgment shall be carried out by reading the operative part. At the time of announcing the judgment, all present, except for the court, stand. After the statement of the operative part, the President or the Judge-Rapporteur shall give the oral reasons for the decision orally, but may not, however, if the case was identified by the closed doors.

§ 4. A copy of the operative part of the sentence handed down in an implicit meeting shall be served on the parties, where the reasons for the judgment are not made out of office.

§ 5. A judgment delivered in an implicit session shall be made available immediately to the public at the Registry of the Court for a period of fourteen days.

Article 140. [ Serving the operative part of the judgment and instructing the party acting without the professional legal assistance] § 1. A party acting without a lawyer, legal counsel, tax adviser or a patent Advocate present at the time of publication of the judgment, the President shall give guidance on the time limit and the manner in which the remedy is to be lodged.

§ 2. A party acting without a lawyer, legal adviser, tax adviser or a patent ombudsman who, as a result of imprisonment, was absent when the judgment was delivered, the court of its own motion within a week of the delivery of the sentence shall be served by a copy of his the operative part of the Court of Justice and the Court of Justice.

§ 3. Where a court is served on a copy of the sentence handed down in a meeting of an implicit party acting without a lawyer, a legal adviser, a tax adviser or a patent ombudsman instructs it on the time limit and the manner in which the appeal is lodged.

Article 141. [ Grounds for judgment] § 1. The statement of reasons for the judgment shall be made ex officious within fourteen days of the date of notification of the judgment or the signature of the operative part of the sentence handed down in the

§ 2. In cases where a complaint has been dismissed, the grounds of the judgment shall be drawn up at the request of the party submitted within seven days of the date of delivery of the judgment or the service of the sentence of the operative part of the judgment. The grounds for the judgment shall be drawn up within fourteen days from the date of application.

§ 2a. In the case of a hinged case, in the event that the statement of reasons cannot be drawn up within the time limit referred to in paragraphs 1 and 2, the President of the Tribunal may extend that time limit for a period of not more than thirty days.

§ 3. The refusal to give reasons for the judgment shall be made by an order issued in the secret meeting.

§ 4. The statement of reasons for the judgment should contain a brief statement of the state of the case, the pleas raised in the complaint, the positions of the other parties, the legal basis for the decision and its explanation. If, as a result of the action taken into account, the case is to be re-examined by the administrative authority, the statement of reasons should also include indications as to the further proceedings.

Article 142. [ Served by the statement of reasons on the grounds of the statement of reasons] § 1. A copy of the judgment with a statement of reasons drawn up from the Office shall be served on each party.

(2) If the reasons for the judgment have been drawn up at the request of the party, a copy of the judgment with a statement of reasons shall be served only on the party which made the application.

Article 143. [ Signature of the statement of reasons] The reasons for the judgment shall be signed by the Judges who took part in the judgment. If any of the Judges is unable to sign the statement of reasons, the President or any other Judge of the formation of the Court shall determine the reason for the non-signature.

Article 144. [ A court ruling issued a judgment] The Tribunal shall be bound by the judgment delivered from the moment of its publication and, if the judgment has been delivered at a meeting of secret, from the signature of the operative part of the judgment.

Article 145. [ Decisions of the Administrative Court] § 1. The Tribunal shall take into account a complaint against a decision or order:

1) repeals the decision or provision in whole or in part if it finds:

(a) a breach of substantive law which has had an impact on the outcome of the case,

(b) a breach of the law giving rise to the reopening of administrative proceedings,

(c) any other infringement of the provisions of the procedure, if it could have had a significant impact on the outcome

2) state the validity of the decision or the provision in whole or in part, if the reasons set out in the art. 156 of the Code of Administrative Procedure or other provisions;

3) state the issue of the decision or the order in violation of the law, if there are any reasons set out in the Code of Administrative Procedure or other provisions.

§ 2. In cases of complaints against decisions and orders issued in other proceedings than those governed by the Code of Administrative Procedure and the provisions on enforcement proceedings in the administration, the provisions of § 1 shall apply with regard to the provisions governing the procedure in which the contested decision or order was issued.

§ 3. In the case referred to in § 1 (1) and (2), the court of first instance stating the basis for the remission of the administrative procedure shall, at the same time, dismiss the proceedings.

Art. 145a. [ An obligation by the court of the authority to issue a decision or order] § 1. In the case referred to in art. 145 § 1 point 1 lit. a or point 2, if it is justified by the circumstances of the case, the court obliges the authority to issue a decision or order within a specified time limit, indicating the way in which the case is resolved or its resolution, unless the resolution is left to the discretion of the authority.

§ 2. The competent authority shall notify the decision of the decision or order referred to in paragraph 1 within seven days of the date of their issue. In the event of failure to notify the court, he may rule on the imposition of a fine of a fine in the amount specified in Article 154 (6). The order may be issued at an implicit meeting.

§ 3. In the event of failure to issue a decision or order referred to in § 1, within the time limit specified by the court, the party may bring a complaint, requesting a judgment declaring the existence or non-existence of an entitlement or an obligation. The court shall give its judgment on the subject, if the circumstances of the case so permit. As a result of the examination of the application, the court shall determine whether the decision or decision has not taken place in a flagrant violation of the law and may, in addition, ex officie, or at the request of the party, measure the body a fine in the amount specified in Article 154 § 6 or grant to the complainant the amount of money up to half of the amount specified in the art. 154 § 6.

Article 146. [ Incorporation of complaints by court] § 1. [ 4] The Tribunal shall, having regard to the action or action referred to in Article 4, take account of the action or In accordance with Article 3 (2) (4) and (4) (a), the act, the interpretation, the protective opinion or refusal of the security opinion, or the ineffectiveness of the action, shall be revoked. Article Recipe 145 § 1 point 1 shall apply mutatis mutandis.

§ 2. In cases of complaints of an act or an act referred to in Article 3 § 2 point 4, the court may in the judgment recognize the entitlement or the obligation under the law.

Article 147. [ Annulment of a resolution or act] § 1. The court having regard to the application for a resolution or the act referred to in Article 4 (1) of the Article 3 (2) (5) and (6) states that this resolution or act is invalid in whole or in part or states that it has been issued in breach of the law if a special provision preclude the declaration of invalidity of the law.

§ 2. Resolutions in individual cases, issued on the basis of a resolution or an act referred to in § 1 shall be subject to an increase in the mode specified in the administrative procedure or in the special proceedings.

Article 148. [ Repeal of the act of supervision] The Tribunal shall, having regard to the application of a complaint to the local authority, repeal the act.

Article 149. [ To take account of the court's complaint of inaction or the chronic conduct of the proceedings by the authority] § 1. The Tribunal shall, having regard to the action for the conduct of the proceedings by the authorities in the cases referred to in Article 4, have been brought 3 § 2 points 1 to 4 or for the chronic conduct of the proceedings in the cases referred to in Article 2 3 § 2 point 4a:

1) instructs the body to issue an act, interpretation or action within a specified period of time;

2) instructs the authority to determine either the recognition or the recognition of the rights or obligations arising from the law;

3) states that the authority has committed an inaction or a chronic conduct of the proceedings.

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

§ 1b. The Court of First instance, in the case referred to in Paragraph 1 (1) and (2), may also rule on the existence or non-existence of an entitlement or an obligation if the nature of the case so permits, and without any reasonable doubt as to the circumstances of its factual and legal status.

In addition, in the case referred to in paragraph 1, the Court of First Instance may, in the case referred to in Article 1, decide whether or not to give the authority a fine of a fine in the amount specified in Article 1. 154 § 6 or grant to the complainant the amount of money up to half of the amount specified in the art. 154 § 6.

Article 150. [ Repeal or statement of ineffectiveness of an act or action] In cases of complaints against acts and activities not mentioned in Article 145-148 The court of justice, taking into account the complaint, repeals or states that the act or action

Article 151. [ Complaint dismissal] If the action is not taken into account in full or in part, the court shall dismiss the action, either in whole or in part, as appropriate.

Article 152. [ Determination of the unenforceability of the contested act or action] § 1. In the event of a complaint against an act or an action, they shall not have the effect of legal effect until the judgment has been lawfully authorized, unless the court decides otherwise.

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

Article 153. [ The binding of the legal assessment body and the indications of the court] Legal assessment and indications as to the further proceedings expressed in the judgment of the court shall be binding on the authorities whose action, inaction or chronic conduct of the proceedings has been the subject of appeal, and the courts, unless the law has submised changes.

Article 154. [ Further inactivity of administration] § 1. In the event of failure to comply with a judgment which takes into account a complaint against inaction or the conduct of the proceedings, the party may, after having requested the competent authority in writing to comply with the judgment or have the proceedings to take action, lodge a complaint on the matter, requesting that to impose fines on that body.

The Court of First Instance, in the case referred to in paragraph 1, may also rule on the existence or non-existence of an entitlement or an obligation if the nature of the case so permits and the unjustified doubts as to its factual and legal circumstances. At the same time, the court finds whether inactivity of the body or the chronic conduct of the proceedings by the authority took place with a blatant violation of the law.

§ 3. The execution of a judgment or an action after the lodging of a complaint, as referred to in § 1, does not constitute grounds for cancelling the proceedings or dismissal of the action.

§ 4. A person who has suffered damage as a result of failure to comply with a court decision shall serve to claim compensation under the rules laid down in the Civil Code.

§ 5. The compensation referred to in paragraph 4 shall be granted to the body which has not executed the decision of the court. If the authority has not repaid the compensation within three months of the date on which the application for compensation has been lodged, the competent body may bring an action before the general court.

§ 6. The fine referred to in § 1 shall be made up to the amount of ten times the average monthly salary in the national economy in the previous year, as announced by the President of the Central Statistical Office on the basis of separate regulations.

§ 7. In the light of the complaint, the court may grant to the applicant a sum of money up to half of the amount specified in the Article. 154 § 6.

Article 155. [ Notification by the supervisory authorities of the deficiencies identified] § 1. In the event of a finding in the course of the recognition of a case of material breaches of the law or of the circumstances affecting their formation, the composition of the court adjudicating may, by way of order, inform the competent authorities or their authorities of the deficiencies of those deficiencies.

§ 2. The body which has received the order shall be obliged to examine them and to inform the court of the position of the Tribunal within thirty days.

§ 3. In the event of failure to comply with the obligations referred to in paragraph 2, the court may decide to give the body a fine of a fine of the amount specified in the Article. 154 § 6. The order shall be issued in an implicit meeting.

Article 156. [ Correction of the judgment] § 1. The court may rectify the court in its judgment of inaccuracies, clerical errors or accounting errors or other obvious errors.

§ 2 corrigendum may be decided by the court in an implicit meeting. The rectification shall be indicated on the original of the judgment and, at the request of the parties, also on the copies of the copies granted to them. Further write-offs should be redacted in the wording which takes into account the provisions of the corrigenation.

§ 3. If the case is pending before the Supreme Administrative Court, the Court of First Instance may, by its own motion, rectify the judgment of the first instance.

Article 157. [ Addendum to the judgment] § 1. The party may, within fourteen days of service of the judgment of its own motion-and where the judgment has not been served on the part of the party from the date of the declaration-request that the judgment be supplemented, if the court has not ruled on the whole of the action or has not been given an additional judgment in the judgment, which, according to the law, should have been ex officie.

§ 1a. The application referred to in § 1, notified after the expiry of the time limit, shall be rejected. The Tribunal may issue an order in an implicit meeting.

§ 2. The application to supplement the judgment as to the reimbursement of costs the court may recognize in an implicit meeting.

§ 3. The judgment in addition to the judgment shall be delivered in the form of a judgment, unless the supplement concerns only costs.

Article 158. [ Interpretation of the judgment] The judgment which delivered the judgment shall give a decision on its contents. A decision on the matter may be issued by the court in an implicit meeting.

Article 159. [ Application for rectification, replenishness or interpretation of the judgment] The application for rectification, replenishment or interpretation of the judgment shall not affect the course of the time limit for bringing the measure to appeal.

Article 160. [ Postarenees] If the present law does not provide for a judgment, the court shall issue a decision in the form of an order

Article 161. [ Initiation of remission of proceedings] § 1. The Tribunal shall issue a decision to discontinue the proceedings:

(1) if the complainant effectively withdrew the complaint;

2) in the case of death of the party, if the subject of the proceedings relates exclusively to the rights and obligations strictly connected with the person of the deceased, unless the participation in the case is notified by the person whose legal interest relates to the outcome of that proceedings;

3) when the proceedings for other reasons have become unconcerned.

§ 2. The decision to discontinue the proceedings may fall in an implicit meeting.

Article 162. [ Logging of provisions without the writing of a separate operative part of the operative part] The resolutions contained in the provisions of the endless proceedings in the case, issued in public meetings, shall be entered in the minutes without the writing of a separate operative part, if the complaint is not valid.

Article 163. [ Statement of reasons] § 1. The provisions announced at the hearing of the court shall be based on the grounds on which they are subject to appeal and shall be served on the parties.

§ 2. The provisions issued at the meeting of the classified court shall be served by the parties to the parties. Where the party is entitled to an appeal, the order shall be served with a reasoned order. When the order is served, the party in question must be instructed without a lawyer, legal adviser, tax adviser or a patent ombudsman on the admissibility, time limit and manner in which the remedy is lodged.

§ 3. The statement of reasons referred to in paragraphs 1 and 2 shall be drawn up within seven days of the date of issue of the order.

Article 164. [ Tie-down of the court issued by the order] An order issued in an implicit meeting shall be binding from the time at which it was signed together with the reasons for it; if the court of order does not justify it, from the date of the signing of the operative part.

Article 165. [ Amendment of the order as a result of the changed circumstances The provisions of the endless proceedings in the case may be waived and amended as a result of the change in the circumstances of the case, even if they have been challenged and even legally valid.

Article 166. [ Relevant application of the provisions] The provisions of the judgments shall apply mutatis mutandis where the Act does not provide otherwise.

Article 167. [ Governing Board of the Chairperson] The provisions of this Chapter shall apply mutatis mutandis to the President's orders.

Art. 167a. [ Provisions applicable to the orders and provisions of the court referendary] § 1. The provisions governing the decisions of the President and the provisions of the court shall apply mutatis mutandis to the orders and provisions of the judicial referendary.

§ 2. From the ordinances and provisions of the court referendary referred to in art. 30 § 1, art. 49 § 2 and art. 234 § 2, object of opposition. The opposition shall be recognised by the court in which the contested decision has been issued.

§ 3. In the event of a statement of opposition, the order or order against which it is brought shall be forfeit.

§ 4. The opposition shall be lodged with the court within seven days from the date of service of the order or the provisions of the judicial referendary, unless the special provision provides otherwise.

§ 5. An objection lodged after the expiry of the time limit shall be rejected.

§ 6. The Tribunal shall recognize the case as a court of first instance, unless the special provision provides otherwise.

Chapter 11

Legitimacy of decisions

Article 168. [ Authoritying of the judgment] § 1. The decision of the court shall become final if the appeal is not applicable to it.

§ 2. In spite of the inadmissibility of a separate challenge, the orders to be recognized by the Supreme Administrative Court shall not become final, when that court recognizes the case in which it was issued.

§ 3. If only part of the decision has been challenged, it shall become final in part of the remainder of the time limit to be contested, unless the Supreme Administrative Court may, on its own motion, recognize the case in that part.

Article 169. [ Statement of legitimacy] § 1. The final decision shall be based on the application of the party and in the case referred to in Article 4. 286 § 1, voivodship administrative court at a secret meeting. The order shall be served only by the party which made the application.

§ 2. A determination to determine the legitimacy of the decision of the provincial administrative court may issue a court referendary.

Article 170. [ Substantive law] The final judgment shall be binding on not only the parties and the court which issued it, but also the other courts and other state bodies, and in cases of law also provided for by other persons.

Article 171. [ Reasons of judgement] The judgment of the Court of Law has the dignity of judgment only as to what has been the subject of a judgment.

Article 172. [ Annulment of the final judgment] The Supreme Administrative Court annuls the final decision of an administrative court issued in a case which, by virtue of the person or object, was not subject to the case law of the administrative court at the time of the ruling and rejects the complaint, if the decision is not may be moved in accordance with the statute. The court adjudicate upon the request of the President of the Supreme Administrative Court. The provisions on the recognition of a cassation complaint shall apply mutatis mutandis to the application.

SECTION IV

Remedies

Chapter 1

Cassation complaint

Article 173. [ Privilege to lodge a cassation complaint] § 1. From the judgment issued by the provincial administrative court of the judgment or the order terminating the proceedings in the case, excluding the cases referred to in art. 58 § 1 points 2-4, art. 161 § 1 and Art. 220 § 3, there is a cassation complaint to the Supreme Administrative Court.

§ 2. The cassation complaint may bring the party, the prosecutor, the Ombudsman or the Ombudsman to the Rights of the Child after service of the write-down of the decision with the reasons for the reasons.

Article 174. [ Grounds of cassation complaint] The cassation complaint can be based on the following grounds:

1) breach of substantive law by erroneous interpretation or improper use;

2) infringement of the provisions of the proceedings, if the failure to do so could have a material impact on the outcome of the case.

Article 175. [ Attorney's Attorneys] § 1. A cassation complaint shall be drawn up by a lawyer, subject to § 2 and 3.

§ 2. The provision of § 1 shall not apply if the cassation complaint is drawn up by the judge, the procurator, the notary, the Councillor of the Prosecutor General of the State Treasury, or the professor or doctor of the habilitated legal sciences, being a party, her representative or a representative or if a cassation complaint is brought by a prosecutor, the Ombudsman or a spokesperson for the Rights of the Child.

§ 3. A cassation complaint may be drawn up by:

1) tax adviser-in matters of tax and customs duties and in matters of administrative enforcement related to these obligations;

2) a patent ombudsman-in industrial property matters.

Article 176. [ Contents of the cassation complaint] § 1. The cassation complaint shall include:

(1) an indication of the contested decision, indicating whether it is contested in its entirety or in part;

2. citation and justification of the cassation bases;

3) an application for the revocation or amendment of the decision with the indication of the scope of the requested repeal or change.

§ 2. In addition to the requirements referred to in paragraph 1, the cassation application shall comply with the requirements laid down for the letter of the party and shall include an application for its diagnosis at the hearing or a declaration of the disclaimer of the hearing.

Article 177. [ Deadline for lodging a cassation complaint] § 1. A cassation complaint shall be lodged with the court which issued the judgment under appeal or the order within 30 days of the date of service of the copy of the decision on the grounds for which it is based.

§ 2. The term to lodge a cassation complaint for the parties shall also bind the prosecutor, the Ombudsman and the Ombudsman of the Rights of the Child. If, however, the decision is not served on the part of the public prosecutor, the Ombudsman and the Ombudsman may, within thirty days of the date of the decision, request the statement of reasons for the decision and lodge a cassation complaint against the the period of 30 days from the date on which the copy of the decision has been served on the grounds.

§ 3. Where an advocate, legal counsel, tax adviser or a patent ombudsman is established within the framework of the right of assistance, upon a request made by a party to whom a copy of the decision is served on the basis of a reasoned order from the office, or by the party which has notified the application for a statement of reasons for the decision, the time limit for lodging a cassation complaint shall run from the date of notification of the agent of its designation, but not earlier than on the date of service of the decision of the decision of the decision of the rationale.

§ 4. If the agent designated under Article 253 § 2 does not state the grounds for lodging a cassation complaint, shall lodge in court, within the time limit for lodging a cassation complaint, an opinion drawn up by it on the subject, together with a write-off for the party for which it was established. The court shall serve a copy of the opinion of the party The time limit for lodging a cassation appeal by the party shall run from the date of service of the written opinion, which shall be notified by the General Court to the party by service of the party.

§ 5. The third sentence of paragraph 4 shall not apply if the court finds that the opinion has not been drawn up in accordance with the principle of due diligence. In such a case, the court shall inform the competent judicial board, the district council of the Chamber of Legal Counsels, the National Council of Tax Advisors, or the National Council of Patent Advocates, which shall designate another representative.

§ 6. In the event of refusal to grant the right of assistance to the extent of the appointment of a lawyer, legal counsel, tax adviser or a patent ombudsman on the application referred to in § 3, the time limit for lodging a cassation complaint may not commence prior to the date of service of the order, and if the party has lodged an appeal against that provision, before the date of service of the order terminating the proceedings on that party.

Art. 177a. [ Deadline for Removal of Missing] If the cassation complaint does not comply with the requirements laid down in Article 176, other than to cite the grounds of cassation and their justification, the President shall invite the party to remedy the deficiencies within seven days following the rejection of the complaint.

Article 178. [ Rejection of a cassation complaint] The administrative court will reject at the meeting an implicit cassation complaint lodged after the expiry of the deadline or for other reasons inadmissible, as well as a cassation complaint, the deficiencies of which the party did not complete within the prescribed period.

Article 178a. [ Cancellation of the cassation meeting as a result of the withdrawal of the complaint] Voivodship administrative court of the umverbs at the meeting of the classified cassation proceedings, if the party effectively withdrew the cassation complaint before it was presented together with the records of the case to the Supreme Administrative Court. The order shall be entitled to a complaint.

Article 179. [ Response to the cassation complaint] A party who has not filed a cassation complaint may bring an answer to the cassation complaint to the provincial administrative court within a period of fourteen days from service of the cassation complaint. After the expiry of the deadline for the reply or after the order in which the reply is received by the appellant, the administrative court shall immediately submit the cassation complaint together with the reply and the acts of the General Court. Administratively.

Art. 179a. [ Annulment of proceedings by the voivodship of the administrative court] If, before presenting a cassation complaint to the Supreme Administrative Court, the Administrative Court finds that the proceedings or the grounds for the cassation proceedings are manifestly justified, the administrative court shall, of course, repeal the contested decision. the judgment or order, at the request of the party, also to reimburse the costs of the cassation proceedings and shall, at the same meeting, reconnase the case. A cassation action shall be entitled to the judgment.

Article 180. [ Rejection of the cassation complaint by the NSA] [ 5] The Supreme Administrative Court at the secret session shall reject the cassation complaint if it has been rejected by the provincial administrative court or will return it to the court in order to remedy the deficiencies identified.

Article 181. [ The composition of the court for the diagnosis of cassation complaint] § 1. The Supreme Administrative Court shall recognize the cassation complaint at the hearing in the composition of the three Judges, unless the special provision provides otherwise.

§ 2. The Supreme Administrative Court, recognizing a cassation appeal against the judgment, issues a judgment, and recognizing a cassation complaint from the order-issues a decision.

Article 182. [ Recognition of the cassation complaint in an implicit meeting] § 1. The Supreme Administrative Court may recognize at the meeting an implicit cassation complaint from the order of the voivodship of the administrative court ending the proceedings in the case.

§ 2. The Supreme Administrative Court recognizes a cassation complaint at a meeting classified, when the party that brought it, renounced the hearing, and the other parties, within fourteen days from the date of service of the cassation complaint, have not requested the execution of hearing.

§ 3. At a meeting of the implicit Supreme Administrative Court, a formation of one judge and, in the cases referred to in § 2, in the composition of three Judges.

Article 183. [ Validity of proceedings] § 1. The Supreme Administrative Court recognizes the case within the limits of the cassation complaint, however, takes the office under consideration of the validity of the proceedings. The parties may provide a new justification for the basis of the cassation bases.

§ 2. The invalidity of proceedings shall be:

(1) if the judicial route was inadmissible;

2) if the party had no judicial or procedural capacity, the body appointed to represent it, or a statutory representative, or where the representative of the party was not duly empowered;

(3) if the proceedings before the administrative court are pending in the same case, or if the case has already been adjudicated by a final judgment;

4) if the composition of the court adjudicating was contrary to the provisions of the law or if, in the recognition of the case, the judge was taken down by the law of the law;

5. if the party has been deprived of the defence of his rights;

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

Article 184. [ Remoteness of a cassation complaint] The Supreme Administrative Court shall dismiss a cassation complaint if there is no justified grounds or if the contested decision is in spite of the erroneous statement of reasons corresponding to the law.

Article 185. [ The inclusion of the cassation complaint and the referral of the case for retrial] § 1. The Supreme Administrative Court shall, in the event of a cassation complaint to be taken into account, repeal the contested decision in whole or in part and shall refer the case back to the court which issued the judgment, and if that court had not been able to recognise it in another another court.

§ 2. If the case is referred back to the retrial, the court shall recognise it in a different composition.

Article 186. [ Repeal of the judgment in its entirety] The Supreme Administrative Court, in recognition of the cassation action, also repeals the judgment in the non-contested section if the proceedings are invalid.

Article 187. [ Legal issue] § 1. If, in the case of the recognition of a cassation complaint, an issue of legal uncertainty emerges, the Supreme Administrative Court may defer the case and submit that issue to the resolution of the seven Judges of the General Court.

§ 2. The composition of the seven Judges of the Supreme Administrative Court is binding on a given case.

§ 3. The Supreme Administrative Court in the composition of seven judges can take over the case for recognition.

Article 188. [ Recognition of the case by the Supreme Administrative Court] The Supreme Administrative Court shall, in the event of a cassation complaint to be taken into account, by repealing the contested decision, recognise the action if it considers that the substance of the case is sufficiently clarified.

Article 189. [ Rejection of the complaint or remission of proceedings] If the complaint was rejected or there were grounds for remission of proceedings before the provincial administrative court, the Supreme Administrative Court decides to repeal the decision and rejects the complaint or shall cancel the proceedings.

Article 190. [ The binding of the court interpretation of the law carried out by the NSA] The court to which the case was referred shall be bound by the interpretation of the law made in that case by the Supreme Administrative Court. It is not possible to base a cassation complaint against the decision issued after the retrial of the case on grounds contradictory to the interpretation of the law established in this case by the Supreme Administrative Court.

Article 191. [ Recognition of non-actionable provisions] The Supreme Administrative Court, at the request of the party, also recognizes those provisions of the provincial administrative court, which were not subject to challenge by complaint, and were affected by the settlement of the case.

Article 192. [ Suspension of proceedings before the NSA] Except in the cases referred to in Article 123-125, the proceedings before the Supreme Administrative Court are suspended only on the basis of a consistent request from the parties.

Article 193. [ Proceedings before the Supreme Administrative Court] If there are no special provisions of the procedure before the Supreme Administrative Court, the provisions of the proceedings before the Provincial Administrative Court are to be applied accordingly, with the fact that the Supreme Administrative Court justifies the the office of judgments and orders within thirty days. The statement of reasons for the dismissive appeal shall include an assessment of the charges of cassation.

Chapter 2

Complaint

Article 194. [ The complaint to the order] § 1. A complaint to the Supreme Administrative Court shall be entitled to the provisions of the provincial administrative court in the cases provided for in the Act, and in addition to the provisions the subject of which is:

1. transfer the case to another administrative court;

1a) rejection of the complaint in the cases referred to in art. 58 § 1 points 2-4 and art. 220 § 3;

(1b) remission of proceedings;

(2) hold or refuse to suspend the execution of a decision, order, other act or act referred to in Article 3. 61;

3) (repealed)

(4) refusal to state the reasons for the judgment;

(5) a corrigendum or interpretation of the decision or refusal of the decision;

(5a) rejection of the application to supplement the judgment or refusal to take account of the application;

6. dismiss the request to exclude the judge;

7) rejection of the cassation complaint;

8) rejection of the complaint;

9) reimbursement of the costs of the proceedings, if the party does not lodge a cassation complaint;

10) punishing the fine.

§ 2. The complaint shall be lodged within seven days of service of the order.

§ 3. The complaint should be subject to the requirements prescribed for the letter in the court proceedings and shall include an indication of the order under appeal and the application for amendment or repeal, as well as a concise statement of reasons for the complaint.

§ 4. The complaint, the object of which shall be the rejection of the cassation complaint, shall be drawn up by a lawyer. Article Recipe 175 (2) and (3) shall apply mutatis mutandis.

Article 195. [ Lodging of griesion] § 1. The case file, together with the application of the voivodship, shall be submitted by the Administrative Court to the General Administrative Court, after service of the complaint to the other parties. The reply to the complaint may be made directly to the Supreme Administrative Court within seven days of service of the complaint.

(2) If the complaint alleges that the proceedings are not valid or, of course, it is justified, the provincial administrative court which issued the contested decision may, at a sitting in secret, without sending the act to the General Administrative Court, the contested provision and, where necessary, reidentify the matter. The provisions of the Rules of Appeal on general principles shall be entitled to redress.

§ 3. If the grievance procedure has become unconcerned before the presentation of the complaint together with the acts of the General Court of the Administrative Court, the administrative court of the administrative court of the secret meeting shall be the proceedings. The order shall be entitled to a complaint.

Article 196. [ Hold of the enforceability of the contested decision] The administrative court may suspend the execution of the contested decision until the dismissal is resolved. Such an order may fall in an implicit meeting.

Article 197. [ Complaints procedure] § 1. The Supreme Administrative Court recognizes the complaint in an implicit session.

§ 2. The following shall apply mutatis mutandis to a cassation complaint, except for Article 2 (2) of the Regulation. 185 § 2.

Article 198. [ The complaint to the board of the President] The provisions of this chapter shall apply mutatis mutandis to the complaints of the Management of the Chairperson if the Act provides for the lodging of a complaint.

CHAPTER V

Costs of proceedings

Chapter 1

Reimbursement of costs of proceedings between the parties

Article 199. [ Conduct of the costs of proceedings] The parties shall bear the costs of the proceedings relating to their participation in the case, unless a special provision provides otherwise.

Article 200. [ Reimbursement of costs of proceedings in the event of a complaint] Where the court of first instance takes account of the application of the action, the applicant is entitled to reimbursement of the costs of proceedings by the applicant from the authority which issued the contested act or has taken the contested action or has committed an inaction or a protracted conduct of proceedings necessary for the deliberate exercise of rights.

Article 201. [ Reimbursement of costs of proceedings in the event of cancellation of proceedings] § 1. Reimbursement shall be granted to the applicant from the authority also in the event of redemption of the proceedings for the reason referred to in Article 4. 54 § 3.

§ 2. In the event of a remission of proceedings in the case referred to in Article 118 § 2, rule of art. 206 shall apply mutatis mutandis.

Article 202. [ Proportionate and Solidarity Reimbursement] § 1. If there are several eligible persons on the applicant's side, the reimbursement shall be entitled to each of them, as appropriate, to participate in the case.

(2) If the powers or obligations of the applicants referred to in paragraph 1 relating to the subject matter of the appeal are common, the reimbursement shall be effected jointly and severally.

Article 203. [ Reimbursement of costs of the cassation procedure] The party who lodged the cassation complaint shall be reimbursed the necessary costs of the cassation proceedings:

1) from the authority-if, as a result of taking into account the cassation complaint, the judgment of the court of first instance dismissals has been lifted

(2) from the complainant, if, as a result of taking into account the cassation complaint, the judgment of the court of first instance has been lifted into account.

Article 204. [ Reimbursement of costs in case of dismissal of a cassation complaint] In the event of dismissal of the cassation complaint, the party which lodged the cassation complaint shall reimburse the necessary costs of the cassation proceedings incurred by:

(1) the authority, if the court of first instance dismissing the complaint is lodged with the cassation appeal;

(2) the applicant, if the Court of First Instance complain that the Court of First Instance was challenged by the cassation cassation.

Article 205. [ Necessary costs of the proceedings] § 1. The necessary costs of proceedings conducted by the party in person or by a proxy, who is not a lawyer, shall be included in the costs of the court, travel expenses to the court of the party or of the representative, and the equivalent of earnings or income lost as a result of a judgment in court.

§ 2. To the necessary costs of the proceedings of the party represented by the lawyer is their remuneration, however not higher than the rates of charges laid down in the separate provisions and expenses of one lawyer, the costs the court and the costs ordered by the court of personal residency of the party.

§ 3. The claims on the part of the claims on travel expenses and loss of earnings or income shall be determined and paid in accordance with the rules laid down in the provisions of Chapter 2 of Title III of the Act of 28 July 2005. with legal costs in civil matters (Dz. U. of 2016 r. items 623).

§ 4. The provisions of paragraphs 2 and 3 shall apply mutatis mutandis to the party represented by the tax adviser or the patent ombudsman.

Article 206. [ Reimbursement of part of costs] The court may, in justified cases, waiver, in whole or in part, the reimbursement of the costs of proceedings, in particular where the action has been taken into consideration in a part which is disproportionate to the value of the subjectmatter of the dispute established for the purpose of collection entry.

Article 207. [ Relevant application of the provisions] § 1. The provisions of Article 4 202, art. 205 and Art. 206 shall be applicable in the cases referred to in Article 206. 203 and Art. 204.

§ 2. In cases of particularly justified cases, the court may waiver the reimbursement of the costs of the cassation proceedings in whole or in part.

Article 208. [ Reimbursement of costs caused by the site] Irrespective of the results of the cases referred to in Article 200, art. 203, art. 204 and art. 207, the court may put on the party the obligation to pay back the costs-in whole or in part-caused by its unmoderated or, of course, the wrong conduct.

Article 209. [ Request for reimbursement of the party] The request of the party to reimbursement of the costs of the court shall be settled by any decision taken into account and in the judgment referred to in Article 4 (1). 201, art. 203 and Art. 204.

Article 210. [ Loss of entitlement to a reimbursement request] § 1. The Party shall lose its entitlement to a reimbursement claim if, at the latest, prior to the closing of the hearing immediately preceding the decision, it does not notify the application for the award of the costs due. A party operating without a lawyer, legal counsel, tax adviser or a patent ombudsman should instruct the court of the consequences of not filing the application within the above time limit.

§ 2. The provision of § 1 shall not apply in the case of a ruling in an implicit session, when the party is not represented by a lawyer, legal counsel, tax adviser or a patent ombudsman. In such a case, the costs due to the party shall be held by the court.

Chapter 2

Legal expenses

Division 1

General provisions

Article 211. [ Judicial costs] Court costs include court fees and reimbursement of expenses.

Article 212. [ Judicial charges] § 1. Court fees are an entry and a law firm fee.

§ 2. The court fees are the income of the state budget.

Article 213. [ Expenses] Expenditure shall include in particular:

1. the claims of the interpreters and the curators laid down in the case;

2) the costs of advertisements and allowances and travel expenses due to judges and judicial staff due to the execution of court tasks outside the court building, specified in separate regulations.

Article 214. [ Payment of court costs] § 1. If the Act does not provide otherwise, the payment of legal expenses shall be subject to the obligation of the person to whom the court is responsible for the payment of the fee or expenses.

§ 2. The scripture is lodged by several persons whose powers or obligations relating to the subject of appeal are common, subject to one payment. Otherwise, each person shall pay the charge separately in accordance with his/her entitlement or duty.

Article 215. [ Designation of the value of the subject of appeal] § 1. In any letter initiating legal proceedings in a given instance, the value of the subject of appeal shall be reported if the amount of the charge depends on that value.

§ 2. The significance of the value of the subject of the appeal shall be rounded up to the full gold.

Article 216. [ Monetary charge] If the subject of the appeal is a pecuniary interest, it shall be the value of the object of appeal.

Article 217. [ Rules for calculating the value of the subject of appeal] The value of the subjectmatter of the appeal shall not include the interest and the costs associated with the principal due.

Article 218. [ Rules for calculating the value of the subject of appeal] The President may check the value of the subject matter of the appeal in writing and order the investigation to that end.

Article 219. [ Payment of the court fee] § 1. The court fee shall be paid in the case of a letter of payment to the court of charge.

§ 2. The court's payment shall be paid in cash to the cashier of the competent administrative court or to the bank account of the competent court. The tip of the fee is rounded up to the full zlotys.

Article 220. [ Calling for payment of the fee] § 1. The court will not take any action as a result of the letter from which the payment of the fee will not be paid. In this case, subject to paragraphs 2 and 3, the President shall invite the appellant to leave the letter under the penalty of leaving the letter without recognition, within seven days of the date of service of the call. In the event of an unsuccessfully expiry of that period, the President shall issue a statement of order without recognition.

(2) If the letter has been submitted by a person resident or established abroad which is not in the representative country, the President shall set a time limit for payment of a fee of not less than two months.

§ 3. A complaint, a cassation complaint, a complaint and a complaint for the resumption of proceedings, from which, despite the call for not being paid, the entry due shall be rejected by the court.

§ 4. A complaint lodged on the order of the President to leave a letter without recognition or to the order of the court to reject the legal measures listed in § 3 shall be free of entry.

Article 221. (repealed)

Article 222. [ Disable Charge Request] No charges shall be requested from the letter, if it is already apparent from the letter, that it is subject to rejection.

Article 223. [ Supplement to the fee] § 1. The provisions of Article 4 220 and art. 222 shall apply mutatis mutandis where the obligation to pay or supplement the fee is incurred as a result of establishing a higher value for the purpose of the appeal, the withdrawal of the aid granted, or the repeal of the probation procedure before the date of the hearing.

(2) If the court of first instance has not been paid, the court of first instance shall, in the decision terminating the proceedings in question, order the charge to be levied on the part of the party which was required to pay it, or on the other party, where it is apparent from that decision to bear the charge. the costs of the proceedings by this party.

Article 224. [ A determination on the costs of litigation] If, in the course of the proceedings, the court did not rule on the obligation to bear the costs of the court or the decision did not take over the entire amount due to that title, the order in that subject shall issue an administrative court at a meeting of the state's secret voivodship.

Article 225. [ Reimbursement of the fee from office] The fee shall be paid, in whole or in part, by a decision of the court and the difference between the costs collected and the costs due, and the remainder of the advance paid to the expenses shall be reimbursed to the party at its expense.

Article 226. [ Expiration of a claim to claim court costs] § 1. The right to demand court costs shall be expired on the expiry of a period of three years from the date on which the costs were due.

§ 2. The right of the party to demand a refund of a court fee or an advance payment of expenditure shall expire within three years from the date of the establishment of that right.

Article 227. [ Complaint to the Court of First Proceedings] § 1. The complaint shall be entitled to the order of the Chairperson and the decision of the provincial administrative court on the costs of judicial proceedings if the party does not submit an appeal as to the substance of the case.

§ 2. From the complaints referred to in § 1, no judicial fees shall be levied.

Article 228. [ Fines in administrative proceedings] The fines given in the proceedings before the administrative court are also, in addition to court costs, the revenues of the state budget. These claims shall be subject to judicial enforcement without a declaration of enforceability.

Article 229. [ Cancellation or deferral of claims on unpaid court costs and fines] § 1. Claims on unpaid court costs and fines held in the administrative proceedings, with the exception of fines referred to in Article 55 § 1, art. 149 § 2 and art. 154 § 1, may be waived or the payment of this claim may be deferred or distributed to the instalment if its collection would be combined with disproportionate difficulties or would threaten the debtor with too severe consequences.

§ 2. The Council of Ministers shall determine by way of regulation the detailed rules and mode of redemption, deferral and decommitment into instalments and the withdrawal of deferral or payment on the instalments of the duties referred to in § 1. The Regulation should specify the bodies empowered to die, to postpone, to break down into instalments and to withdraw the deferral and distribution of the duties, the periods for which those claims may be deferred or spread over instalments, the scope of the remission, the way in which the payment is made, documentary evidence of the application by the debtor, as well as cases in which the receivables may be remitted from office in whole or in part.

Division 2

Entry

Article 230. [ Entry from the writings initiating the proceedings before the administrative court] § 1. The letters initiating proceedings before the administrative court in the instance concerned shall be levied on a relative or permanent position.

§ 2. The letters referred to in paragraph 1 are the complaint, the cassation complaint, the complaint and the application for the resumption of the proceedings.

Article 231. [ Relative and Fixed Entry] The reply shall be taken on the cases in which the appeal is subject to monetary claims. In other cases, the permanent entry shall be taken.

Article 232. [ Reimbursement of paid entry from office] § 1. The court shall ex officio return the full payment of the entry from:

(1) letters rejected or revoked until the date of the start of the hearing;

2) complaint to the order on the subject of punishment, if the complaint has been taken into account.

§ 2. The purpose of returning the alert may be issued at a meeting of classified information.

Article 233. [ Delegation] The Council of Ministers shall determine by way of regulation, the amount and detailed rules for the entry of the alert. The Regulation should take into account that the entry may not be lower than one hundred zlotys, the relative entry may not be higher than 4% of the value of the subject of appeal and may not exceed one hundred thousand zlotys, and the entry constant higher than ten thousand zlotys, and that the permanent entry should be differentiated according to the nature and nature of the case.

Division 3

Office fee

Article 234. [ The law fee for the issuance of documents on the basis of a case file] § 1. For the determination of the legitimacy and the issue of write-off, attestation, extracts and other documents on the basis of the file, the Registry charge shall be collected, subject to § 3.

A copy of the office for a copy of the statement of reasons, served as a result of the request made on the seven-day period from the date of publication of the decision, shall be taken on the application for a statement of reasons for the decision and service of the decision. If the fee has not been paid, the chairman shall manage the download from the party who made the request, after having called on the party to pay it. Art. 220 does not apply.

§ 3. No office fee shall be charged for a copy of the decision on the grounds, subject to service from the office.

§ 4. The activities referred to in § 2 may be carried out by a court referendary.

Article 235. [ Chancellery fee for issuing documents on a basis other than case file] The Registry fee shall also be charged for the copies, extracts, copies and printouts, and certificates and other documents issued on the basis of the files collected and kept in court outside the file.

Article 236. [ Delegation] The Council of Ministers shall determine, by way of regulation, the amount of the law fees. The Regulation should take into account that the charge is to be charged for each page of the document issued, the amount of the fee for a copy of the decision on the basis of the application may not be higher than two hundred zlotys and to determine the increase in the fee for the issue of a document drawn up in a foreign language or containing a table.

Division 4

Expenditure

Article 237. [ Advance on expenditure] § 1. The party which has requested the action to be taken in connection with the expenditure shall be obliged to pay an advance on the payment.

(2) If a request has been submitted by several parties or the court has ordered the exercise of its own motion, the advance shall be paid by the parties in equal or other parts at the discretion of the court.

§ 3. The court shall mark the amount of the advance payment and the time limit for payment. If the expenditure anticipated is greater than the advance paid, the court shall order the supplement to be completed.

Article 238. [ Call for payment of the amount put out of the court's budget] § 1. In the event of non-payment of the advance by the parties pursuant to Article 237, the amount needed to cover the expenses is made temporarily from the part of the administrative court's budget. The amount to be paid shall be the budget of the State which the party must pay to pay the advance.

(2) The President shall call upon the party concerned to make an advance payment within fourteen days and, if he/she lives abroad, within a period of not less than two months, payment of the amount paid out of the budget.

§ 3. In the event of an unsuccessfully expiry of the period referred to in paragraph 2, the court shall, at its meeting, issue an implicit provision ordering the amount of the amount to be collected without interruption of the proceedings.

§ 4. The provisions of paragraphs 1 to 3 shall not apply in cases where the failure to act referred to in Article 1 (1) to (3) is not applicable. Article 237 (1) provides a premise for the suspension of the proceedings.

Chapter 3

Exemption from judicial costs

Division 1

General provisions

Article 239. [ Statutory exemption from legal costs] § 1. They shall not be obliged to pay legal expenses:

1) party complaining of action, inactivity of the body or the chronic conduct of proceedings in cases:

(a) in the field of aid and welfare,

(b) concerning the status of the unemployed person, allowances and other entitlements and entitlements of the unemployed person,

(c) relating to occupational diseases, medical benefits and rehabilitation benefits,

(d) from relations of work and business relations,

(e) from social security,

(f) from the scope of the universal defence obligation,

g) to grant protection to foreigners,

(h) for housing allowances;

2) the prosecutor, the Ombudsman and the Spokesperson of the Rights of the Child;

3) the curator of the party appointed by the court adjudicating or by the procuring court for a given case;

4) a party which has been granted the right to assist in the proceedings before the administrative court (the right of aid), to the extent specified in the final decision to grant that right.

§ 2. There is no obligation to pay court fees to public benefit organisations acting on the basis of the provisions on public benefit and voluntary service, in the case of own affairs, except in cases concerning the activities of such organisations economic activities, as well as non-governmental organisations and entities listed in art. 3 para. 3 of the Act of 24 April 2003. about the activity of the public benefit and about the volunteer (Dz. U. of 2016 r. items 239 and 395) in its own affairs concerning the execution of the commissioned public task on the basis of the provisions on the activities of public benefit and of the voluntary service.

Article 240. [ Delegation] The Council of Ministers may, by regulation, exempt social organisations from the obligation to pay an alert on their own affairs, and to withdraw this exemption. This should apply to exemptions in respect of scientific, educational, cultural, charitable, welfare and social assistance activities.

Article 241. [ Exempt total] The exemption from the obligation to pay litigation costs in the provision of the law or the order of the administrative court without specifying the scope of that exemption shall mean a total exemption from the obligation to pay both the court fees and the payment of expenses.

Article 242. [ Expenses for a party exempt from judicial costs] Expenses for a party exempt from judicial costs shall be interpreted from the part of the administrative court's budget, as far as this exemption is concerned.

Division 2

Right of aid

Article 243. [ Grant of the right to aid] § 1. The right of assistance may be granted to the party at its request submitted before the initiation of the proceedings or in the course of proceedings. This request is free from court fees.

§ 2. (repealed)

Article 244. [ Content of the aid] § 1. The right of assistance shall include exemption from judicial costs and the establishment of a lawyer, legal adviser, tax adviser or a patent ombudsman.

§ 2. The establishment of a lawyer, legal counsel, tax adviser or a patent ombudsman within the framework of the law of assistance shall be tantamount to granting a power of attorney.

§ 3. If the party in the application has indicated the lawyer, legal counsel, tax adviser or patent ombudsman, the competent district counsel, the district council of the Chamber of Legal Counsels, the National Council of Tax Advisors or the National Council of Patent Advocates, the the measure of opportunity and, in agreement with the said lawyer, a legal adviser, tax adviser or patent attorney, shall appoint a lawyer, a legal adviser, a tax adviser or a patent ombudsman designated by the party.

Article 245. [ Scope of the aid] § 1. The right of aid may be granted in respect of total or partial scope.

§ 2. The law of aid in total includes exemption from judicial costs and the establishment of a lawyer, legal adviser, tax adviser or patent ombudsman.

§ 3. The right of partial assistance shall cover an exemption only from the court fees in whole or in part, either only from expenditure or from court fees and expenses, or covers only the establishment of a lawyer, legal adviser, tax adviser or ombudsman patent.

§ 4. Partial relief from fees or expenses may consist of a release from a fractional amount of their part or a certain amount of their monetary amount.

Article 246. [ Conditions for granting the aid] § 1. The granting of the right of assistance to an individual shall

(1) in total, where that person demonstrates that he is unable to bear any costs of the proceedings;

2) within the partial scope-when it shows that it is not able to bear the full costs of the proceedings, without prejudice to the maintenance necessary for itself and the family.

§ 2. Legal omits, as well as another organizational unit without legal personality, the right of assistance may be granted:

1. in total, where it can be shown that there are no measures for the payment of any costs of the proceedings;

(2) in the partial range, where it can be shown that there are insufficient funds for the full costs of the proceedings.

§ 3. A lawyer, a legal counsel, a tax adviser or a patent ombudsman may be established for a party that does not employ or does not remain in any other legal relationship with a lawyer, legal counsel, tax adviser or patent attorney. This does not apply to a lawyer, a legal adviser, a tax adviser or a patent ombudsman established on the basis of the provisions on aid law.

Article 247. [ Deprivation of the right of assistance] The right of the aid shall not be granted to the party in the event of an obvious unreasonable complaint.

Article 248. [ Obligation of reimbursement of the costs of proceedings] The granting of the right of aid does not exempt the party from the obligation to reimbursing the costs of the proceedings if such obligation is based on other provisions.

Article 249. [ Withdrawal of aid] The granting of the right of aid may be withdrawn in whole or in part if it appears that the circumstances on the basis of which it was granted did not exist or ceased to exist.

Art. 249a. [ Closure of the aid procedure] If the party withdraws the application or recognizes the application has become redundant, the procedure for granting the right of assistance shall be dismissable.

Article 250. [ Attorney's salary] § 1. The appointed lawyer, legal counsel, tax adviser or patent attorney shall receive remuneration according to the rules laid down in the provisions on fees for lawyers, legal advisers, tax advisers or patent attorneys in the the extent to which the costs of unpaid legal aid are incurred and the reimbursement of the necessary and documented expenditure.

§ 2. In justified cases, the court may reduce the remuneration referred to in § 1.

Article 251. [ Expiry of the entitlement to the right of aid] The granting of the aid shall lapse with the death of the party which obtained it.

Article 252. [ Application for aid] § 1. An application for the right of aid should include a statement from the party covering accurate data on the assets and income and, if the application is submitted by a natural person, in addition to the details of the family status and a statement from the party of non-employment or not staying in any other legal relationship with a lawyer, legal counsel, tax adviser or patent attorney.

§ 1a. The statements referred to in § 1 shall be submitted under penalty of criminal responsibility for making a false declaration. The applicant shall be obliged to enter in it the clause of the following text: "I am aware of the criminal responsibility for making a false statement." This clause replaces the instructing of a court of criminal responsibility for making a false statement.

The application shall be made on an official form according to the prescribed formula.

§ 3. The order granting, withdrawing, refusing to grant the right of aid or remission of the procedure for granting the aid shall be served on the party which made the application. The appeal is only entitled to the applicant.

Article 253. [ The designation of a lawyer, legal counsel, tax adviser or patent ombudsman] § 1. For the designation of a lawyer, legal counsel, tax adviser or patent ombudsman, the court shall request the competent district counsel, the district council of the Chamber of Legal Counsels, the National Council of Tax Advisors, or the National Council of Ombudsmen Patent, serving an order granting the right of aid. Where the appointment of a representative is to take place after the decision on which the cassation is entitled, the court shall notify the competent authority.

§ 2. The District Attorney's Board, the District Council of the Chamber of Legal Counsels, the National Council of Tax Advisors or the National Council of Patent Ombudsmen, within fourteen days from the date of service of the order referred to in § 1, shall appoint a proxy, notifying the representative and the court thereof without delay. In the notice to be addressed to the court, the competent Council shall indicate the name of the appointed representative and his address for service. In the event of the appointment of a proxy after the decision from which the cassation is entitled, the competent council shall also inform without delay the court of the date of notification of the agent of its designation.

§ 3. If the lawyer, legal adviser, tax adviser or patent attorney established in this way is to take action outside the seat of the adjudicating court, the competent District Bar Council, the District Council of the Chamber of Legal Counselors, National Council of Tax Advisors or the National Council of Patent Advocates, at the request of the established lawyer, legal counsel, tax adviser or patent ombudsman, will appoint, where necessary, the lawyer, legal counsel, tax adviser or patent ombudsman from another localities.

Article 254. [ The court property on the recognition of the application] § 1. The application for the grant of the right of aid and the application for the cost of unpaid legal aid shall be submitted to the competent provincial administrative court.

§ 2. The party which does not have the place of residence, stay or head office in the jurisdiction of the court referred to in § 1 may file an application in another provincial administrative court. This request shall be sent immediately to the competent court.

Article 255. [ Call for submission of documents relating to the property of the party] If the statement of the party included in the application referred to in Article 252, will prove insufficient to assess its real estate and payment capabilities and family state or raises doubts, the party is required to submit to the call, within the specified time limit, additional statement or submit source documents relating to its assets, income or family status.

Article 256. [ Delegation] The Council of Ministers shall determine by way of regulation:

1) the model and manner of making available the official form referred to in art. 252 (2), corresponding to the requirements of the letters of the party, to the specific requirements of the procedure for the granting of the right of aid, which contains the necessary instruction as to how it is to be completed and the consequences of its failure to comply with certain requirements; and the clause referred to in Article 252 § 1a;

2) the types of source documents referred to in art. 255, and the periods for which data on property, income and family status are to be documented; such documents may include, in particular, write-offs of tax returns, extracts or lists of held bank accounts, including accounts and foreign exchange deposits, extracts from official registers, a copy of the current balance sheet and the attestation of salaries, fees and other charges and benefits received.

Article 257. [ Leave of application without diagnosis] An application for the right of aid which has not been submitted on an official form or whose shortcomings have not been completed by the party concerned has been left unrecognisable.

Article 258. [ Actions for the procedure for granting the aid] § 1. The granting of the aid shall be carried out by a referendary of a court of law.

§ 2. The activities referred to in § 1 include in particular:

1) accepting applications for the right of aid;

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

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

4) transmission of applications to the court in the case referred to in art. 247;

5) call on the parties to make up for the shortfalls of formal applications, and to submit additional statements and documents;

6. issuing orders to leave applications without recognition;

7. issuing, at a meeting, classified provisions on the grant, withdrawal, refusal to grant the right of aid or the remission of the procedure for granting the right of aid;

8) issuing, at a meeting, implicit provisions on the award of remuneration to a lawyer, legal adviser, tax adviser or patent attorney for a legal replacement made in the law of the aid and on the reimbursement of the necessary documents expenditure.

§ 3. (repealed)

§ 4. The activities referred to in § 2 may, in particularly justified cases, execute the court. The provisions or order of the court referred to in Paragraph 2 (6) to (8) shall be entitled to a complaint.

Article 259. [ Opposition from orders and provisions on aid law] § 1. From the regulations and provisions referred to in art. 258 § 2 points 6-8, page or lawyer, legal counsel, tax adviser or patent attorney may object to the competent provincial administrative court to object within seven days from the date of service of the order or order. An objection raised by a lawyer, a lawyer, a tax adviser or a patent ombudsman requires justification.

§ 2. Opposition after the date and opposition, whose formal deficiencies have not been supplemented, and the opposition brought by a lawyer, legal adviser, tax adviser or patent ombudsman, without justification, the court rejects the an implicit meeting.

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

Article 260. [ Recognition of the case as a result of the opposition] § 1. Recognizing the opposition from the ordinance and the provisions referred to in Article 258 § 2 points 6 to 8, the court shall issue an order in which the contested order or the order of the referendary of the court changes or maintains in force.

§ 2. In the cases referred to in paragraph 1, the proceedings against the ordinance or the provisions of the referendary of a court shall withhold the enforceability of the referendary. The court shall adjudicate as the court of second instance by applying the rules on the complaint.

§ 3. The court shall recognize the case in an implicit meeting.

Article 261. [ Exemption from court fees] No judicial fees shall be levied on the opposition and the complaints lodged with regard to the right of assistance.

Article 262. [ Relevant application of the provisions] The provisions on the granting of the right of aid, as far as the legal representation is concerned under the rules of the law, are applicable to the parties benefiting from statutory exemption from the payment of legal expenses.

Article 263. (repealed)

CHAPTER VI

Resolutions of the Supreme Administrative Court

Article 264. [ The composition of the seven judges] § 1. Resolutions provided for in Article 15 § 1 points 2 and 3 of the Supreme Administrative Court shall be taken in the composition of seven Judges, the whole Chamber or in full composition.

§ 2. Resolutions referred to in art. 15 § 1 point 2, the Supreme Administrative Court is taking on the request of the President of the Supreme Administrative Court, the Prosecutor General, the Ombudsman, the Children's Rights Ombudsman, and the resolutions referred to in art. 15 § 1 point 3, on the basis of the order of the adjudicating bench.

§ 3. The President of the Supreme Administrative Court shall direct the application to be settled by one of the warehouses referred to in § 1.

§ 4. The composition of the seven Judges may, in the form of a provision, refer the legal question to the full composition of the Chamber, and the Chamber to the General Administration of the Administrative Court.

Article 265. [ Prosecutor's participation in the meeting] In a meeting of the entire composition of the Supreme Administrative Court or a meeting of the Chamber, the participation of the Attorney General or his/her deputy is mandatory. The assembly of seven judges shall take part in the Prosecutor's Office of the National Prosecutor's Office.

Article 266. [ Voting on a resolution] § 1. The presence of at least two-thirds of the Judges of each of the Chambers shall be required for a resolution by the full composition of the Supreme Administrative Court or by the full composition of the Chamber.

§ 2. Resolutions shall be taken by a simple majority of votes in a vote.

Article 267. [ Refusal to take a resolution] The Supreme Administrative Court may, in the form of a provision, refuse to take a resolution, in particular where there is no need to clarify the question.

Article 268. [ Justification for the request for a resolution by the NSA] The request for a resolution and the resolution of the Supreme Administrative Court shall be justified.

Article 269. [ Legal resolution] § 1. If any composition of the administrative court recognizing the case does not share the position taken in the resolution of the composition of seven judges, the whole Chamber or in the resolution of the full composition of the Supreme Administrative Court, presents the resulting legal issue to the to resolve to an appropriate contribution. Article Recipe 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 Chamber or the full composition of the Supreme Administrative Court shall take the redecision. Article Article 267 does not apply.

§ 3. If the composition of a single Chamber of the Supreme Administrative Court explaining the legal issue does not share the position taken in the resolution of another House, it presents this issue to a resolution to the full composition of the Supreme Administrative Court.

CHAPTER VII

Reopening of the procedure

Article 270. [ The resumption of proceedings with a final judgment] In the cases provided for in the department, a resumption of proceedings which has been completed by a final judgment may be requested.

Article 271. [ Conditions for resumption of proceedings] The resumption of proceedings may be requested for annulment:

1) if in the composition of the court participated a person not entitled or if the judge ruled out by virtue of the Act, and the party before the grandification of the decision could not demand the exclusion;

2) if the party had no judicial or procedural capacity, or was not duly represented, or if, as a result of a breach of the provisions of the law, there was no possibility of action; however, it may not be required to resume if, before the exercise of the right to exercise, the the incapacity of the decision or the absence of representation was raised by plea or the party has confirmed the procedural steps taken.

Article 272. [ Reopening of the procedure as a result of the Constitutional Court ruling] § 1. A resumption of proceedings may be requested also in the event that the Constitutional Tribunal has ruled on the incompatibility of a normative act with the Constitution, an international agreement or with the law on the basis of which the decision was issued.

§ 2. In the situation referred to in paragraph 1, the application for the reopening of proceedings shall be lodged within three months of the entry into force of the decision of the Constitutional Tribunal. If, at the time of the adoption of the decision of the Constitutional Tribunal, the judicial decision has not yet been final as a result of an appeal lodged, which was subsequently rejected, the time limit shall run from the date on which the decision was served on the rejection.

§ 3. A resumption of proceedings may be requested also where such a need arises from the resolution of an international body acting on the basis of an international agreement ratified by the Republic of Poland. Article 2 (2) shall apply mutatis mutandis, with the effect that the time limit for bringing an action for the resumption of proceedings shall run from the date of service of the party or of its representative to the international body.

Article 273. [ Grounds for reopening of proceedings] § 1. Resumption may be requested on the basis that:

1) the judgment has been based on a document counterfeit or reworked, or on a convicted criminal sentence, subsequently repealed;

2) the ruling was obtained by means of a crime.

§ 2. It may be required to resume in the event of a subsequent detection of such factual circumstances or of the means of evidence which could have an impact on the outcome of the case, and from which the party could not avail of the previous proceedings.

§ 3. Resumption may be requested in the event of a later finding of a final judgment relating to the same case. In that case, the Court of First instance is not only subject to the judgment under appeal, but is also of its own motion other final judgments concerning the same case.

Article 274. [ Reopening of the proceedings for a crime] In the event of a criminal offence, resumption may be requested only if the act has been established by a final conviction, unless the criminal proceedings cannot be initiated or that it has been redeemed for reasons other than the absence of evidence.

Article 275. [ Court of First Instance for resumption of proceedings] For the reopening of proceedings for reasons of invalidity, the court which issued the contested decision is appropriate, and if the judgments of the courts of both instances are challenged, the Supreme Administrative Court is competent. A court which has recently adjudiced on a case shall be appropriate for the resumption of proceedings on another basis.

Article 276. [ Proceeding from the application for reopening of proceedings] The provisions of the proceedings before the court of first instance shall apply mutatis mutandis to the application for reopening of proceedings, where the provisions of this chapter do not provide otherwise. However, when the Supreme Administrative Court is competent to resume the proceedings, the provisions of Article 4 (1) shall apply mutatis mutandis. 175.

Article 277. [ Deadline for lodging a complaint for reopening of proceedings] The application for reopening of proceedings shall be lodged within a three-month period. That period shall be counted from the date on which the party learned the basis of the resumption, and when the basis is the deprivation of the capacity of the action or the absence of due representation-from the date on which the party, its authority or its authority has been heard. a statutory representative.

Article 278. [ Reopening of the request for reopening of proceedings] After the expiry of the five years following the final decision, no renewal may be requested, except where the party has been deprived of the discretion of the party or has not been duly represented.

Article 279. [ Content of the application for reopening of proceedings] The application for revision shall also include the reference of the decision under appeal, the grounds for resumption and the grounds on which it is based, the circumstances giving rise to the time limit for lodging a complaint, and a request for annulment or amendment of the contested decision. Decisions.

Article 280. [ Preliminary investigation] § 1. The Tribunal shall examine in an implicit session whether the complaint is brought within the time limit and shall be based on the statutory basis for the resumption. In the absence of any of these requirements, the court's action to resume rejects, otherwise it will appoint a trial.

§ 2. At the request of the court filing a complaint for the resumption of proceedings, the prima facie evidence of the conduct of the deadline or the admissibility of the resumption shall be required.

Article 281. [ Examination of the admissibility of resume] At the hearing, the court is first of all about the admissibility of the reopening and if there is no statutory basis for resumption or the time limit for bringing an action has not been preserved, it rejects the application for renewal. The court may, however, after considering the state of the case, combine the examination of the admissibility of the reopening with the case

Article 282. [ Refact-finding] § 1. The court recognizes the matter anew within the limits of the basis of the resumption.

(2) After the retrial of the case, the Tribunal shall either dismiss the application or take it into account by applying the provisions of the proceedings before the court which has resumed the proceedings or rejects the contested decision and the action shall be rejected or the proceedings shall be dismissable.

§ 3. In the case referred to in art. 273 § 3, the court shall repeal one of the decisions relating to the same case by maintaining in force another final judgment, or waiving all final decisions relating to the same case and adjudicating on the merits of the case, or shall refer the matter to the competent authority. The provincial administrative court is to identify and settle this case.

Article 283. [ Exclusion of the Judge from the judgment in the proceedings of the application for the reopening of proceedings] A Judge whose participation or conduct in the previous proceedings concerns a complaint shall be excluded from the judgment in the proceedings for the resumption of proceedings.

Article 284. [ Cessation of enforcement of the decision] The lodging of a complaint for the reopening of the proceedings does not include the execution of the contested decision. In the event of a prima facie case, the court may suspend the execution of the decision if it is likely that the applicant is in danger of unresting undeclared damage. The order may be issued at an implicit meeting. The order shall be entitled to a complaint.

Article 285. [ The inadmissibility of further reopening of the procedure] § 1. A further reopening of the proceedings terminated by a final judgment given as a result of an action for the resumption of proceedings shall be inadmissible.

§ 2. Paragraph 1 shall not apply if the application for revision of the procedure is based on the basis of the resumption referred to in Article 1. 272 § 1 and 3.

CHAPTER VIIA

Action for a declaration of illegality of a final decision

Art. 285a. [ Application for non-compliance with the law of final decision] § 1. An application for a declaration of non-conformity with the law of a final judgment shall be entitled to a final decision of the provincial administrative court, where by its release the party has been inflicted injury and the change or repeal of the decision on the way of other the legal remedies available to the party were not and cannot be possible.

§ 2. The complaint referred to in § 1 shall also be entitled, in exceptional cases, from the final decision of the provincial administrative court, if the parties have not exercised their legal remedies, where the illegality of the action is due to the breaches of the fundamental principles of the legal or constitutional order of liberty or of human and citizen's rights, unless it is possible to amend or repeal the decision by other legal means.

§ 3. The application shall not be entitled to any decision of the Supreme Administrative Court, except where the illegality is based on a gross breach of the standards of European Union law. The rulings of the Supreme Administrative Court shall be treated as rulings issued in the proceedings brought about by the application.

§ 4. An application for a declaration of illegality of a decision shall be subject to a fixed fee.

Article 285b. [ Bringing the application for a declaration of illegality of the decision by the Attorney General or the Ombudsman] In the cases referred to in art. 285a § 1, 2 and 3 a complaint against the legality of the decision may also be filed by the Attorney General or the Ombudsman.

Article 285c. [ The right to lodge a single action for the declaration of illegality of a decision] From the same judgment, a party may bring only one action against the law of a final judgment.

Article 285d. [ Grounds for the application for a declaration of illegality of the decision] A complaint about the finding of illegality of a final decision can be based on a breach of substantive law or the provisions of the proceedings, which caused the legality of the decision to be unlawful, when the party has been inflicted on the party. damage. However, the complaint shall not be based on any allegations of fact or of the assessment of evidence.

Art. 285e. [ Content of the complaint] § 1. An application for a declaration of non-conformity with a right of final judgment shall contain:

1) the designation of the decision from which it is lodged, indicating whether it is appealed in whole or in part;

2. citing and justifying its grounds;

(3) an indication of the provision of the law with which the contested decision does not comply;

(4) a prima facie case of damage caused by the decision of which the action is applicable;

(5) to demonstrate that the decision of the contested decision was not, and is not possible, to reopen the contested decision and, in addition, when the action was brought in the application of Article 4 (1) of the EC law. 285a § 2-that there is a unique case for the lodging of a complaint;

6) an application for a declaration of illegality of the decision.

§ 2. The complaint should be subject to the requirements laid down for the letter of the party. The application shall be accompanied by two copies, in addition to its write-offs for service to the parties and participants in the proceedings, to the act of the Supreme Administrative Court.

Article 285f. [ Lodging of the complaint] § 1. A complaint shall be lodged with the court which issued the contested decision within two years of the date on which it was entitled to comply with the law of final judgment.

§ 2. In the event that the formal conditions laid down in the Article are not observed. 285e § 2, the President calls for the complaint to be corrected or supplemented.

§ 3. An unpaid complaint, a complaint filed in breach of art. 175 § 1 and the complaint, the deficiencies of which have not been completed by the deadline, the court rejects in the secret meeting.

Article 285g. [ Presentation of the case file to the General Administrative Court] After notification of the application for a declaration of non-compliance with the right of final decision of the opposing party, and when the complaint has been lodged by the Attorney General or the Ombudsman-both parties, the provincial administrative court shall present the file without delay The Supreme Administrative Court.

Art. 285h. [ Grounds for rejection of the complaint] § 1. The Supreme Administrative Court shall reject, by a sitting in an implicit complaint, a declaration of incompatibility with the law of final judgment, if it has been rejected by a lower court of an instance, a complaint lodged after the expiry of the period, a complaint which is not in conformity with the the requirements laid down in Article 285e § 1, as well as the complaint for other reasons not inadmissible.

§ 2. The application shall also be rejected if the amendment of the contested decision by other legal remedies was or is possible, or if there is no exception referred to in Article 3 (1) of the contested decision. 285a § 2.

Art. 285i. [ Hearing of the complaint] § 1. The Supreme Administrative Court recognizes the complaint about the finding of illegality of a final judgment in the composition of three judges.

§ 2. The judge who took part in the issue of the decision covered by the complaint shall be excluded from the adjudication of the proceedings in relation to that complaint.

Art. 285j. [ Borders of recognition of the complaint] The Supreme Administrative Court recognizes the application for a declaration of illegality of a final judgment within the limits of the appeal and within the limits of the grounds. The complaint shall be recognised in an implicit session, unless valid reasons speak for the setting of the hearing.

Article 285k. [ Resolutions of the Supreme Administrative Court] § 1. The Supreme Administrative Court dismissed the application for a finding of illegality in respect of a decision in the absence of a basis for a finding that the judgment under appeal is unlawful.

§ 2. Taking into account the complaint, the Supreme Administrative Court finds that the judgment is unlawful.

§ 3. If the case for a person or object has not been subject to the case-law of the courts at the time of the decision, the Supreme Administrative Court-stating that the decision is incompatible-invalidates the contested decision and the decision of the court of first instance and reject the complaint.

Art. 285l. [ Adequate application of the provisions on cassation application] In cases not covered by the provisions of this chapter, the cassation complaint shall be applied mutatis mutandis to proceedings brought about by the application for a declaration of non-compliance with the law of final judgment.

CHAPTER VIII

Enforcement of judgments

Article 286. [ Reimbursement of the act after the decision has been legidated] § 1. After the judgment of the court of first instance has become final, the administrative file of the case shall be returned to the public administration, and shall be accompanied by a copy of the decision with the statement of its final legitimacy. The recovery order may be issued by a court referendary.

§ 2. The term to be dealt with by the administrative authority as defined by the law or the court appointed by the court shall be counted from the date of service of the act to the authority.

Article 287. [ Compensation in the event of annulment or remission of the case by the Authority] Where the court in the judgment:

(1) they shall repeal the contested decision, and the body shall reconsider the proceedings,

(2) it shall declare the measure to be invalid or shall establish a legal obstacle to the annulment of the act,

the party which has suffered the damage shall serve compensation from the authority which issued the decision.

CHAPTER IX

Proceedings in the event of a loss or destruction of a file

Article 288. [ Restore of missing or destroyed records] The unfolded shall be filed missing or destroyed in whole or in part. In the case of final unlawfully completed review, the decision terminating the proceedings and the part of the file which is necessary for the purpose of determining its content and for the resumption of the proceedings shall be subject to the decision.

Article 289. [ Initiation of proceedings] § 1. The Tribunal shall initiate proceedings of the office or at the request of the party.

§ 2. The Tribunal shall initiate proceedings only at the request of a party if the disappearance or destruction of the file has been effected by force majeure.

Article 290. [ Court Property] § 1. The court in which the case was last fought for the recovery of the case file in progress is appropriate.

§ 2. If the Supreme Administrative Court is competent, the Court of First Instance shall refer the matter to the court of first instance, unless it is a matter of restoring only the act of that Tribunal.

§ 3. The proceedings in the event of the disappearance or destruction of the act on a final decision shall be carried out by the court in which the case was brought in the first instance.

Article 291. [ Content of Record Recovery Request] In addition, in the application for the reproduction of the file, it is necessary to specify the exact case, to attach any official certified copy held by the applicant and to indicate the places where the documents or copies of documents are known to him.

Article 292. [ Calling for the submission of the write-down of missing documents] § 1. The President shall invite the persons, public authorities or institutions designated in the request and the known court to lodge, within a specified period, the officially certified statements of the documents in their possession or to the declaration that they have been officially certified do not have.

§ 2. If the requested person does not have a document or a copy, and prior to the call was in his/her possession, she should explain where the document or copy is located.

Article 293. [ Grzywna for failure to perform the call] § 1. The court may sentence a fine of the amount specified in Article 4. 154 § 6 of any person who does not make a call to the call made in the preceding article.

§ 2. If a legal person or other organizational unit is called upon, the punishment shall be subject to the responsibility of the manager or of the staff member whose responsibility was to make the call for a call.

Article 294. [ Submission of write-off to the file] If certified true copies are submitted, the chairman shall manage to attach them to the file. A copy of the order shall be served on the parties.

Article 295. [ Call for statements on the content of missing or destroyed letters] If the reproduction of the file cannot be carried out in accordance with the procedure provided for in the preceding Articles, the President shall invite the parties to make accurate statements regarding the content of the missing or destroyed letters and the evidence of the claims they have contained, without excluding private write-off and other writings and notes which may assist in the re-establishment of the file.

Article 296. [ Investigation for the determination of contents of missing or destroyed records] § 1. Irrespective of the statements and conclusions of the case, the court shall carry out the investigation, without leaving aside any circumstance which may be relevant for the determination of the contents of the missing or destroyed files. The court shall take into account the entries for the repertoons and other office books. The court may also question as witnesses the judges, prosecutors, protocators, agents of the parties and other persons who participated in the proceedings or who may speak about the contents of the file, as well as may order the hearing of the parties.

§ 2. To carry out the evidence referred to in § 1, the provisions of the Code of Civil Procedure shall apply accordingly.

Article 297. [ A decision to re-establish the file or to be unable to do so] After carrying out the proceedings referred to in Article 295 and Art. 296, the court shall rule on how and to what extent the missing records are to be reproduced or that the reproduction of the file is not possible. The order shall be entitled to a complaint.

Article 298. [ Taking further action on the recovery of the file] If the file cannot be reproduced or reproduced in a part not sufficient to proceed, the action or appeal may be repaid within thirty days of the date on which the decision in that case was taken. The subject has become final. In all other cases, the court shall take the necessary measures in so far as it is possible to take account of the act of the other and the reconstructed. The complaint shall be subject to a complaint as to the taking of further proceedings.

SECTION X

Foreign exchange rules

Article 299. [ Service of the letter by registered mail with acknowledgement of receipt] § 1. The party who is domiciling, habitually resident or established in a different than the Republic of Poland of a Member State of the European Union, of the Swiss Confederation or of a Member State of the European Free Trade Agreement (EFTA)-the party to the agreement on the European Economic Area and has not established a proxy to pursue a case domicited or established in the Republic of Poland, the court shall serve the letter by post by registered mail with the acknowledgement of receipt or equivalent consignment.

§ 2. If the party does not have a place of residence or habitual residence or a seat 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)-the party to the Agreement on the European Economic Area and has not established a proxy to pursue a case domicile or established in the Republic of Poland, is required with the lodging of the complaint to establish a proxy for service of the place of residence in the Republic of Poland Polish.

§ 3. In the event of failure to comply with the obligation referred to in paragraph 2, the court shall invite the party to complete the absence within two months of the date of service of the call for rejection of the action. The notification shall apply mutatis mutandis to the service referred to in paragraph 1.

§ 4. If the complaint shows that the participant of the proceedings does not have a place of residence or habitual residence or establishment in the Republic of Poland or another Member State of the European Union, the Swiss Confederation or a Member State The European Free Trade Agreement (EFTA)-the party to the Agreement on the European Economic Area, the court, serving a copy of the action, shall notify it of the obligation to appoint a proxy for service of the place of residence or place of residence in the European Economic Area. The Republic of Poland shall, within two months from the date of notification of the notification. In the event of failure to comply with that obligation, the pleading in court proceedings shall be left in the file with effect of service.

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

§ 6. The provisions of § 1-5 shall not apply if the international agreement, of which the Republic of Poland is a party, provides otherwise.

Article 300. [ The relevant application of the provisions on the general court system and the provisions of the Code of Civil Procedure] In cases not regulated in the Act on foreign trade proceedings, the provisions on the arrangement of common courts and the provisions of the Code of Civil Procedure concerning the international civil procedure shall be applied accordingly.

CHAPTER XI

Final provision

Article 301. [ Entry into force] The Act shall enter into force within the period and in accordance with the rules laid down by the Law of 30 August 2002. -Provisions introducing the law-The law on the arrangement of administrative courts and the law-Right of proceedings before administrative courts (Dz. U. Entry 1271, of late. zm.).

[ 1] Article 3 (2) (4a), as set out in Article 3 (2), 2 point 1 of the Act of 13 May 2016 o Change of the Act-Tax Ordinance and some other laws (Journal of Laws of the Act of 846). The amendment came into force on 15 July 2016.

[ 2] On the basis of the judgment of the Constitutional Court of 14 October 2008. (Journal of Laws No. 190, item. 1171) art. 18 § 1 point 6, in so far as it omits as the basis for excluding the judge from the participation in the adjudication of the court proceedings pending the resumption of administrative proceedings, his earlier participation in the ruling on the decision of the in a renewed administrative procedure, is incompatible with the Article. 45 par. 1 Constitution of Poland. Article 18 (1) (6) in the abovementioned The extent to which it expired on 24 October 2008.

[ 3] Article 57a, as amended by Article 3 (1), 2 point 2 of the Act of 13 May 2016. o Change of the Act-Tax Ordinance and some other laws (Journal of Laws of the Act of 846). The amendment came into force on 15 July 2016.

[ 4] Article 146 (1), as amended by Article 3 (1), 2 point 3 of the Act of 13 May 2016 o Change of the Act-Tax Ordinance and some other laws (Journal of Laws of the Act of 846). The amendment came into force on 15 July 2016.

[ 5] On the basis of the judgment of the Constitutional Court of 8 April 2014. (Journal of Laws pos. 543) art. 180 in connection with art. 178 and Art. 176 to the extent that it provides for rejection, without a request to remedy the deficiencies, of a cassation complaint which does not fulfil the requirement to include a request for revocation or amendment of a judgment, including a description of the scope of the requested repeal or amendment:

(a) is in conformity with the art derived from the Article. 2 of the Constitution of the Republic of Poland, the principle of decency

(b) is incompatible with the Article. 45 par. 1 in connection with art. 31 par. 3 and Article 3 78 of the Constitution of the Republic of Poland, as well as with the art derived from art. 2 of the Constitution of the Republic of Poland, the principle of the protection of citizens ' trust in the State and their

Article 180 in conjunction with Article 178 and Art. 176 in the above mentioned The extent of which expired on 28 April 2014.