Możliwość zrzeczenia się prawa do wniesienia odwołania w Kodeksie postępowania administracyjnego w świetle Konstytucji RP
Waiving possibility to rescind administrative decision from the constitutional perspective

Summary/Abstract: The article is about recent amendment to the Administrative Procedure Code. Recent changes allowed parties to waive the possibility to rescind the decision. The aim of the regulation was to make the proceedings faster and cheaper. As good as it sounds, amendment seems questionable, especially when it comes to constitutional/administrative „public legal rights” (Polish construction) and basic human rights and freedoms such as a right to a fair trial (article 6 of European Convention on Human Rights). The legislator did not notice that the amendment may violate aforementioned rights and that is why, in this article I will try to judge this amendment basing mainly on principles of Polish Constitution.

• Details
• Contents