Uchylenie przepisu prawa przewidującego nieważność decyzji z mocy prawa a możliwość jego dalszego stosowania w zw. z art. 156 § 1 pkt 7 k.p.a.
Repeal of the regulation providing the invalidity of a decision by virtue of law and the possibility of the further use of the regulation in question in connection with art. 156 § 1 p. 7 of the Code of Administrative Procedure

Summary/Abstract: The commentary approves the judgement of the Supreme Administrative Court of 9 January 2019, II OSK 1127/17 and extends the reasoning provided there. She present arguments supporting the recognition that specific substantive provisions constituting the so-called invalidity clauses despite their subsequent annulment shall be taken into consideration during the procedure for annulment of the decision issued during their validity, based on art. 156 § 1 p. 7 of the Code of Administrative Procedure. The author also refers to opposite opinions expressed in some ruling of administrative courts and literature, denying their correctness.

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