Administrative procedure is a key element in the functioning of public administration in Poland. It
regulates the relationship between citizens and public administration bodies, ensuring compliance
with law and fairness in decisions made.
Representation in proceedings before administrative authorities is one of the key areas of legal
activity, especially for entrepreneurs who often have to deal with administrative decisions, permits,
approvals or tax decisions.
Administrative proceedings begin with their initiation, which can occur on the initiative of a public
administration body or at the request of a party. The initiation of proceedings is a formal act that
sets in motion the process of handling an administrative case.
The administrative procedure consists of several key stages designed ensure a fair and equitable
hearing:
- Gathering evidence – The public administration body is obliged to gather all evidence to
establish the facts of the case. Evidence may be in the form of documents, witness
testimony, expert opinions or visual inspections. A party to the proceeding may present
evidence and make requests for evidence, which the authority must consider. - Interrogation of parties and witnesses – During the course of the proceedings, the
authority may conduct an interrogation of parties and witnesses to obtain additional
information that may be relevant to the resolution of the case. The party has the right to
participate in the hearing and ask questions of the witnesses. - Issuance of a decision – Once the collection of evidence is completed, the public
administration body proceeds to issue an administrative decision. The decision must be in
writing and contain factual and legal reasons, indicating on what evidence the decision was
based and what provisions of law were applied. A party to the proceedings has the right to
receive a copy of the decision and to appeal if he disagrees with its content.
Once an administrative decision has been issued, a party to the proceeding has the right to appeal if
it disagrees with the decision. These remedies are aimed at ensuring control over administrative
decisions and protecting the rights of the parties.
- Appeal – The primary remedy is an appeal, which a party may file with a higher level
authority within 14 days of delivery of the decision. The appeal must contain allegations
against the decision and indicate a violation of the law. The higher level authority has 30
days to consider the appeal, after which it may the decision, revoke it or refer the case for
reconsideration. - Complaint to the administrative court – If a party disagrees with a decision of a higher
level authority, it may file a complaint with the administrative court within 30 days. The
court examines the legality of the decision and may overturn it if it finds a violation. - Termination of proceedings – Administrative proceedings are terminated when a decision
becomes final, which occurs when no timely appeal has been filed or the decision of a
higher level authority has been upheld. A final decision is final and binding. Proceedings
can also be terminated by discontinuance, for example, when a party withdraws an
application.
Why use representation in administrative proceedings?
- Knowledge of legal regulations: Administrative proceedings are often complex and
require detailed knowledge of administrative law, local regulations, as well as procedural
procedures. A legal attorney, especially one who specializes in administrative law, provides
professional assistance in these matters. - Protection of a party’s interests: With representation by a lawyer, an entrepreneur (or
any other party) can be sure that his or her interests will be adequately protected. A legal
advisor will help prepare an effective argument and ensure that there are no procedural
errors that may result in unfavorable administrative decisions. - Time savings: Administrative proceedings can be time-consuming and require a lot of
paperwork. A professional attorney, handling all the paperwork, allows a party to save time
that can be used in other aspects of the business. - Assistance in enforcing rights: If an administrative decision is inappropriate or
unfavorable, the attorney will assist in appeal procedures and in applying to higher
authorities, such as local government appeal colleges, provincial administrative courts
or the Supreme Administrative Court.
Representation in proceedings before administrative authorities is an essential tool in ensuring
effective protection of a party’s rights and interests. Cooperation with an experienced attorney, such
as a legal advisor, can contribute to faster, more efficient and favorable resolution of administrative
cases, especially in complex situations that require specialized knowledge and skills.