Realność terminu załatwienia sprawy w ogólnym postępowaniu administracyjnym
The reality of time limits for the settlement of cases in general administrative proceedings

Summary/Abstract: The efficiency of proceedings is one of the fundamental procedural values in general administrative proceedings. To achieve it, the Code of Administrative Proceedings introduced various legal mechanisms and constructions, both of a preventive and repressive nature. Preventive mechanisms include the regulation setting of maximum time limits for the settlement of cases. It fulfils the primary function, ensuring the dynamics of the administrative proceedings. The term “time limit for the settlement of a case” appears in the provisions of the Code of Administrative Proceedings in two meanings: as a unit of time (period) and as a specific date, as in “a calendar date”. The feature of the time limit for the settlement of a case – resulting from art. 35 § 5 of the Code of Administrative Proceedings – is its reality, effectiveness. The method of calculating the time limit provides the public administrative body with real-time to settle a specific case. The provision indicates five periods that are not included in the time limit for the settlement of a case: a) time limits specified by law for the performance of specific actions, b) periods of suspension of the proceedings, c) periods of mediation, d) periods of delays for which the party is responsible and e) periods of delays for reasons not attributable to the authority. The reality of the time limit does not contradict the essence of the principle of efficiency of administrative proceedings but confirms it. It expresses the legal expectation that the case will be resolved while providing the administrative body with effective time, not apparent time. It also serves to achieve the value that the Code of Administrative Proceedings distinguishes and combines with the requirement of quick and simple action, i.e. insightful action (Article 12 § 1 of the Code of Administrative Proceedings).

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