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Time Limit for the Invalidation of Administrative Decisions

Time Limit for the Invalidation of Administrative Decisions

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On 11 August 2021 Polish Parliament enacted the Act amending the Code of Administrative Procedure which has been just published.

This amendment introduces the following key changes:

1)     10-year time limit for seeking the invalidation of any administrative decision for whatever reason (including if such a decision was issued without a legal basis or in gross violation of law).

2)    a 30-year time limit for initiating proceedings to declare an administrative decision invalid.

3)    the above time limits shall be counted from the date the decision was served or pronounced.

The amendment also directly applies to pending administrative proceedings initiated and not concluded with a final administrative decision prior to the effective date of the Act. Additionally, if such pending administrative proceedings have been initiated 30 years after the date of the decision delivery or pronouncement, they shall be discontinued by virtue of law.

The Act gives effect to the provisions of the judgment of the Constitutional Tribunal issued in 2015. The Constitutional Tribunal held that the absence of a time limit for seeking invalidation of an administrative decision that provides the basis for the acquisition of an actual or expectant right is unconstitutional. Entering into force.

Entering into force

The amendment has been published on August 16, 2021, and enters into force after 30 day (on September 16, 2021).

By Agnieszka Koniewicz, Partner, and Alicja Dzienisik, Junior Associate, Penteris