Rozważania na temat zrzeczenia się prawa do wniesienia odwołania w kontekście orzecznictwa sądów administracyjnych
Waiver of appeal considerations in the context of the jurisprudence of administrative courts

Summary/Abstract: This article presents the right to waive an appeal against an administrative deci-sion in selected issues in the light of the jurisprudence of administrative courts. Thisinstitution was introduced into the national legal order in 2017, and the doubts arisingwhen applying it are clarified by the judicature.For the sake of clarity of the considerations undertaken, the first part of thearticle presents the legal structure of the waiver of appeal. The following part of thetext refers to the latest position of the Supreme Administrative Court as regards thebeginning of the period for submitting a declaration of waiver of the right to appeal,the possibility of withdrawing the declaration of waiver of the right to appeal, theprocedural situation of the omitted party in a situation where the parties participa-ting in the proceedings waived the right to appeal. Moreover, in the article, through the prism of the Supreme Administrative Court’s ruling, the necessity to instruct theparty about the consequences of taking advantage of the waiver of the appeal by theadministrative body was emphasized.Therefore, the scope of the research covers the procedural right of a party inadministrative proceedings, which the party may use to expedite the completion ofthe proceedings by receiving a final and legally valid decision. The final conclusionreached by the author is that the party’s right to waive the appeal may be effectivelynotified by the party even on the day of physical delivery (announcement) of the admi-nistrative decision and it is possible to withdraw the submitted declaration of will.

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