Nowelizacja Kodeksu postępowania administracyjnego z 2021 r. – czy jest możliwość „proreprywatyzacyjnej” wykładni?
Amendment of 2021 to the Code of Administrative Procedure: Is there a possibility of a “pro-reprivatisation” interpretation?

Summary/Abstract: The subject of the analysis carried out in the article is the content of the amendment of 2021 to the Code of Administrative Procedure, in particular its transitional provisions, according to which proceedings for annulment of administrative de- cisions older than 30 years are discontinued by operation of law. Arguments are presented indicating that the interpretation of this provisions, which means that it is impossible not only to annul the decision, but also to state that a defective deci- sion is unlawful, leads to a violation of the Constitution. Such a solution makes it impossible to obtain a preliminary finding for the purposes of compensation pro- ceedings and blocks an access to claim damages from the state – which leads to an infringement of the absolute prohibition under Article 77 (2) of the Constitution. This applies in particular to reprivatisation proceedings conducted in good faith for many years. However, in the article, the possibilities of maintaining the state of compliance with the Constitution through the appropriate interpretation of the transitional provisions of the amendment are indicated and discussed.

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