Glosa do wyroku Wojewódzkiego Sądu Administracyjnego w Olsztynie z 3 listopada 2022 r., sygn. akt II SA/Ol 698/22
Gloss on the judgment of the Administrative Court in Olsztyn of November 3, 2022, II SA/Ol 698/22

Summary/Abstract: The commented judgment of the Provincial Administrative Court in Olsztyn concerns the limits of enforcement proceedings in administration and the principle of durability of the final decision. Both issues involve the possibility of interpreting an administrative decision. It is of great importance for enforcement proceedings and constitutes additional protection for the obligor. In the commented judgment, the Court rightly assumed that an objection based on the premise of the expiry of the obligation can only be effective when there is certainty as to the scope of the obligation. In case of doubt, it is therefore necessary to eliminate the dispute as to the actual scope of the obligation by applying Art. 113 § 2 of the Code of Administrative Procedure. The aim of the article was, first, to reconstruct and evaluate the court’s argumentation in the context of the application of Art. 113 § 2 of the Code of Administrative Procedure. Next, the author tried to supplement and develop the Court’s argumentation. In this respect, the work aimed to discuss the principles of reconstructing the legal norm based on the provisions of Art. 16 and 113 § 2 of the Code of Administrative Procedure in connection with p. 33 § 1 of the Act The author tried to demonstrate the necessity of using the method of systemic and teleological interpretation in the context of applying the indicated provisions. In this respect, the work aimed to present the premises that should be considered in the process of interpreting these provisions.

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