„Znowelizowany problem” momentu, od którego można skorzystać z prawa do zrzeczenia się odwołania – uwagi na tle nowego brzmienia art. 127a § 1 Kodeksu postępowania administracyjnego
The “amended problem” of the moment from which the right to waive the appeal can be exercised – comments against the background of the new wording of art. 127a § 1 Code of Administrative Procedure

Summary/Abstract: The legislative activity of the legislator also affected the Code of Administrative Procedure [k.p.a.], which was amended by the Act of 26 January 2023 on amending acts to eliminate unnecessary administrative and legal barriers as of 12 May 2023 k.p.a. article 127a § 1 k.p.a. From the very beginning, the institution of the waiver of appeal caused many controversies and legal doubts as to its application. One of such doubts was the starting moment from which it was possible to submit a declaration on the right to appeal, which in practice boiled down to the interpretation of the issue “in the course of filing an appeal” as used by Art. 127a § 1 k.p.a. in the wording before the amendment. The original interpretation of the disputed issue was divergent, as some administrative courts believed that an appropriate declaration of resignation from the appeal could be submitted only at the start of the deadline for lodging an appeal, i.e. on the next day after receipt of the decision. There were also other positions that directly indicated that the statement could be submitted on the same day on which the decision was received after having read its content. This study is an attempt on the one hand to indicate the correct interpretation of Art. 127a § 1 of the Code of Administrative Procedure, and secondly, the answer to the question of whether the amendments were actually necessary in connection with the development of a stable line of jurisprudence regarding Art. 127a § 1 k.p.a.

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