Glosa do wyroku Wojewódzkiego Sądu Administracyjnego w Olsztynie z 14 stycznia 2020 r., sygn. akt I SA/Ol 749/19
Gloss on the judgment of the Administrative Court in Olsztyn of January 14, 2020, I SA/Ol 749/19

Summary/Abstract: Judgment of the Constitutional Tribunal dated June 28, 2016, file ref. act SK 31/14 changed the normative content of, inter alia, art. 64 § 1 point 4 and article. 64 § 6 of the Act of 17 June 1966 on enforcement proceedings in administration, derogating them to the extent that they do not specify the maximum amount of the fee for enforcement activities performed. As a consequence, determining the amount of enforcement fees has become highly complex. The provisions challenged by the Constitutional Tribunal have not been removed from the legal system. At the same time, the legal system lacks the limit of enforcement fees as postulated by the Tribunal. The Administrative Court in Olsztyn proposed a method of filling this legal loophole based on the use of analogues to the provisions of the Regulation of the Council of Ministers of December 16, 2003, on the amount and detailed rules of collecting an entry fee in proceedings before administrative courts. The method of adjusting the amount of enforcement fees proposed by the Provincial Administrative Court in Olsztyn is a very interesting form of implementing the Tribunal’s recommendations, which creates a predictable and verifiable mechanism for determining the amount of fees, which meets the requirements of the principle of citizens’ trust in the state and the principle of legal certainty.

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