Division VIII. Letters of Dissatisfaction and Proposals

Chapter 1.

General Provisions

Article 221 Entitled entities      § 1. The right to submit letters of dissatisfaction and proposals to state authorities, authorities of self-government units, bodies of self-government organizational units and to social organizations and institutions as are guaranteed to everyone on the basis of the Constitution shall be exercised pursuant to the procedure set out in the provisions of this Division.

§ 2. Letters of dissatisfaction and proposals may be submitted to social organizations and institutions in connection with the performance of their public administration tasks that have been commissioned to them.

§ 3. Letters of dissatisfaction and proposals may be submitted in the public interest, one’s own interest or in the interest of another person with the person’s consent.

Article 222 Examination of the contents The issue whether a document constitutes a letter of dissatisfaction or a proposal shall be ascertained on the basis of the contents of the document and not its general form.

Article 223 Jurisdiction § 1. State authorities, authorities of self-government and other self-government bodies as well as the bodies of social organization shall consider and dispose of the letters of dissatisfaction and proposals falling within their competency.

§ 2. An employee of a state authority, self-government or social organization body, due to whose fault the letters of dissatisfaction or proposals have not been properly disposed and have not been disposed of in a timely manner, shall be subject to liability for failure to obey work rules or disciplinary liability or other type of liability provided for in the provisions of law.

Article 224 Reference   Every reference in this Division to state authorities shall also mean bodies of state enterprises and other state organizational units.

Article 225 Prohibition of actions against letters of dissatisfaction      § 1. No person shall be exposed to any detriment or charge due to the submission of a letter of dissatisfaction or proposal or due to the submission of material for publication having attributes of a letter of dissatisfaction or proposal, if one acted in accordance with the law.

§ 2. State authorities, the authorities of self-government units and other self-government bodies and bodies of social organizations shall take any action necessary in order to prevent the suppression of criticism and other acts limiting the right to submit letters of dissatisfaction and proposals or to submit information for publication having attributes of a letter of dissatisfaction or proposal.

Article 226 Delegation  The Council of Ministers shall specify by means of a regulation the provisions governing the organization of submission and consideration of letters of dissatisfaction and proposals.

Chapter 2.

Letters of Dissatisfaction

Article 227 Subject The letter of dissatisfaction may concern in particular the negligence or undue performance of tasks by the competent authorities or by their employees, the violation of legality or the interests of a person submitting the letter, as well as the excessive lengthiness or bureaucratic disposal of matters.

Article 228 Addressee  The letter of dissatisfaction shall be submitted to the authorities having competence to consider such letter.

Article 229 Jurisdiction If no specific provision grants competency to consider the letter of dissatisfaction to other authorities, the following authorities shall have competency to consider the letter of dissatisfaction concerning the tasks or activity of:

1)    municipal council, poviat council or sejmik of voivodship – the voivode and with regard to financial matters – the regional audit board;

2)    executive authorities of units of self-government and the heads of poviat services, inspections, guards and brigades as well as other organizational units with regard to matters concerning commissioned tasks in the field of government administration – the voivode or the authority of higher level;

3)    wójt (mayor or city president) and the heads of municipal organizational units, except for matters specified in subsection 2 – the municipal council;

4)    poviat board and starost, as well as the heads of poviat services, inspections, guards and brigades as well as other organizational units, except for matters specified in subsection 2 – poviat council;

5)    voivodship board and the marshall of voivodship, except for matters specified in subsection 2 – the sejmik of voivodship;

6)    voivode in matters to be considered in compliance with the provisions of the Code – the competent minister, and in other matters – the Prime Minister;

7)    other government administration authority, a body of state enterprise or other state organizational units – the authority of higher level or exercising direct supervision;

8)    minister – the Prime Minister;

8a)  consul – minister responsible for international matters; and

9)    any central authority and its head – the superior authority.

Article 230 Continued  A letter of dissatisfaction concerning the tasks and actions of a social organization shall be considered by a body of directly higher level of the organization, and in relation to the supreme body of the organization – the Prime Minister or ministers supervising the activities of the organization.

Article 231 Verification of competency If the authority which received the letter of dissatisfaction does not have the competency to consider the letter, the authority shall immediately, no later than within 7 days, refer the letter to the competent authority and shall notify the person submitting the letter thereof or alternatively the authority shall indicate the competent authority to the person submitting the letter.

Article 232 Transfer to the authority of a lower level  § 1. The authority having competence to dispose of the letter of dissatisfaction may refer the letter of dissatisfaction for consideration to an authority of a lower level, unless the letter includes complaints as to the operation of such authority.

§ 2. A letter of dissatisfaction concerning an employee may be referred for consideration also to his official superior, with the duty being imposed on the superior to notify the competent authority as to how the letter has been disposed of.

§ 3. The person submitting the letter of dissatisfaction shall be notified about the referral of the letter for consideration.

Article 233 Letter of dissatisfaction in an individual matter    A letter of dissatisfaction concerning an individual matter which has not yet been the subject of administrative proceedings shall result in proceedings being initiated if the letter has been submitted by a party. If the letter has been submitted by another person, the letter may result in proceedings being instituted ex officio, unless the provisions require that the proceedings be initiated only upon application of a party.

Article 234 Letter of dissatisfaction in the course of the proceedings In a pending matter:

1)    a letter of dissatisfaction submitted by a party shall be considered in the course of the proceedings in compliance with the provisions of the Code;,

2)    a letter of dissatisfaction submitted by another person shall constitute material to be considered ex officio by the authority conducting the proceedings.

Article 235 Letter of dissatisfaction after the closure of the proceedings § 1. A letter of dissatisfaction concerning a matter in which a final decision has been issued shall be deemed – depending on its contents – a demand to reopen the proceedings, a demand to declare the decision invalid or a demand to quash or amend the decision which may be considered subject to Article 16 § 1 second sentence.

§ 2. (repealed)

Article 236 Competent authority In cases specified in Articles 233 and 234, the authority having competence to initiate the proceedings or the authority before which the proceedings have been pending shall have competency to consider the letter of dissatisfaction; in cases specified in Article 235, the letter shall be considered by the authority having competence to reopen the proceedings, declare the decision invalid, quash or amend the decision.

Article 237 Time limit   § 1. The authority having competence to dispose of the letter of dissatisfaction shall dispose of the letter of dissatisfaction without undue delay, no later than within one month.

§ 2. Members of Sejm, senators and councilors who submitted a letter of dissatisfaction on their own behalf or referred for consideration a letter of dissatisfaction submitted by another person shall be notified of the manner of disposal of the letter of dissatisfaction, and if in order to dispose thereof it is necessary to collect evidence, information or explanations – also about the status of consideration of the letter, no later than within 14 days of the day the letter had been submitted or referred.

§ 3. The person submitting the letter of dissatisfaction shall be notified of the manner of disposal of the letter of dissatisfaction.

§ 4. In case of failure to dispose the letter of dissatisfaction within time limit provided for in § 1, Articles 36–38 apply mutatis mutandis.

Article 238 Contents of notification                 § 1. The notification on the manner of disposing of the complaint shall include: the identification of the notifying authority, the manner of disposal of the letter of dissatisfaction, the signature of the person authorized to dispose of the letter indicating the forename, surname and his official position, or if the notification has been issued in the form of an electronic document, it shall bear a qualified electronic signature. The notification of refusal to satisfy the requests included in the letter shall also include legal and factual reasons and instruction regarding the provisions of Article 239.

§ 2. In the notification specified in § 1 sent by the organizational units of national defense department, Internal Security Agency, Foreign Intelligence Agency, Military Counterintelligence Service, Military Intelligence Service and Central Anti – Corruption Bureau the forename and surname of the person authorized to consider the letter may be omitted.

Article 239 Resubmission § 1. If, as a result of the consideration, the letter of dissatisfaction has been regarded as groundless and the groundlessness was proven in the response to the letter and the person submitting the letter of dissatisfaction has resubmitted the letter without indicating any new circumstances – the authority competent to consider the letter may uphold its previous position with appropriate annotation being made in the records – without notifying the complainant.

§ 2. (repealed)

Article 240 Reference   If the letter of dissatisfaction concerns a matter which may not be considered in compliance with the provisions of the Code (Article 3 § 1 and § 2) or does not fall within the competency of a public administration authority, Articles 233–239 apply mutatis mutandis, however, instead of the remaining provisions of the Code, the provisions governing the proceedings relevant in the matter shall apply.

Chapter 3.

Proposals

Article 241 Subject A proposal may concern in particular suggestions for improving organization, strengthening the rule of law, improving work and prevention of abuse, protection of ownership and improving the satisfaction of community’s needs.

Article 242 Jurisdiction § 1. The proposals shall be submitted to the authority having competence with regard to the subject of the proposal.

§ 2. Proposals concerning tasks of social organizations shall be submitted to the bodies of such organizations.

Article 243 Verification of competency If the authority which received the proposal does not have the competency to consider the proposal, the authority shall refer the proposal to the competent authority within 7 days. The authority shall simultaneously notify the person submitting the proposal thereof.

Article 244 Reference   § 1. Article 237 § 1 shall apply to the time limit to consider the proposal.

§ 2. The person submitting the proposal shall be simultaneously notified about the manner of disposal thereof.

Article 245 Time limit exceeded If the competent authority is unable to dispose of the proposal within the time limit specified in Article 244, the authority shall notify the person submitting the proposal within the above time limit of the actions undertaken in order to dispose of the proposal and anticipated timescales for disposal.

Article 246 Letter of dissatisfaction concerning the manner of disposal § 1. A person submitting the proposal who is dissatisfied with the manner his proposal has been disposed of shall have the right to submit a letter of dissatisfaction in the procedure specified in Chapter 2 of this Division.

§ 2. The person submitting the proposal has the right to submit the letter of dissatisfaction, if his proposal has not been disposed of within time limits specified in Article 244 or indicated in the notice (Article 245).

Article 247 Reference   Articles 230, 237 § 2 and 238 apply mutatis mutandis to the proposals.

Chapter 4.

Participation of Press and Social Organizations

Article 248 Participation of press   § 1. Letters of dissatisfaction and proposals referred by the press, radio or television editorial office to authorities having competence pursuant to Articles 228–230 and 242 shall be considered and disposed of according to the procedure specified in Chapters 2 and 3 of this Division.

§ 2. If requested by the editorial office, the competent authority shall also notify the editorial office within the prescribed time limit about the manner of disposal of the letter of dissatisfaction or proposal or if the letter of dissatisfaction or proposal has been referred to another authority for consideration.

Article 249 Reference   Article 248 apply mutatis mutandis to the letters of dissatisfaction and proposals referred by social organizations to authorities having competence pursuant to Articles 228–230 and 242.

Article 250 (repealed)

Article 251 Reference   Articles 237 § 4, 245 and 246 apply mutatis mutandis to the press editorial office which has published and sent to the competent public administration authority an article, note or other message, in the procedure provided for in the Code.

Article 252 (repealed)

Chapter 5.

Receipt of Letters of Dissatisfaction and Proposals

Article 253 Organization § 1. State authorities, self-government authorities and other self-government bodies as well as bodies of social organizations shall hold open office hours for citizens to discuss the letters of dissatisfaction and proposals; the date and time shall be designated by the authority or body.

§ 2. The heads of authorities and bodies specified in § 1 or deputies designated by them shall hold open office hours for citizens to discuss the letters of dissatisfaction and proposals at least once a week.

§ 3. Dates and times of open office hours shall be adjusted according to the needs of the community, however, at least once a week, the open office hours should be scheduled on a designated day outside working hours.

§ 4. Information about the dates and times of open office hours shall be posted in a conspicuous place in the office of the given organizational unit and subordinate organizational units.

§ 5. The Prime Minister or a competent minister and the supreme body of social organization may specify the manner, dates and times of open office hours for citizens to discuss letters of dissatisfaction and proposals of authorities and organizational units subordinate thereto.

Article 254 Records      Letters of dissatisfaction and proposals submitted and referred to state authorities, self-government authorities, other self-government bodies and bodies of social organizations as well as documents and other motions connected thereto shall be recorded and stored in a manner facilitating the monitoring of the course and time limit for disposal of individual letters of dissatisfaction and proposals.

Article 255 (repealed)

Article 256 Disqualification of an employee   An employee who received a letter of dissatisfaction concerning his activities shall immediately refer the letter to his official superior.

Chapter 6.

Supervision and Control

Article 257 Supreme supervision The supreme supervision over the receipt and disposal of letters of dissatisfaction and proposals submitted to courts shall be exercised by the National Council of the Judiciary of Poland (Krajowa Rada Sądownictwa) and submitted to other authorities and organizational units – by the Prime Minister.

Article 258 Direct supervision and control       § 1. The supervision and control over the receipt and disposal of letters of dissatisfaction and proposals shall be exercised by the following authorities:

1)    ministers – with regard to letters of dissatisfaction to be disposed of by the ministry and other organizational units subordinate directly to the minister,

2)    ministers having responsible for the subject matter, after consulting the minister responsible for public administration matters – with regard to letters of dissatisfaction to be disposed of by government administration authorities,

3)    local government administration authorities – with regard to letters of dissatisfaction to be disposed of by organizational units supervised by these authorities,

4)    authorities of higher level and competent supreme authorities – with regard to letters of dissatisfaction to be disposed of by other state authorities and the bodies of state organizational units,

5)    the Prime Minister and voivodes – with regard to letters of dissatisfaction to be disposed of by the authorities of self-government units and self-government organizational units.

§ 2. The supervision and control over the receipt and disposal of letters of dissatisfaction and proposals with regard to bodies of social organization shall be exercised by the statutory supervisory body of these organizations and the authorities of higher level, and with regard to the supreme bodies of these organizations – the government administration authority supervising the activities of the given organization.

Article 259 Evaluation of receipt and disposal § 1. The authorities referred to in Article 258 shall periodically, at least once every two years, evaluate the procedure of receiving and disposal of letters of dissatisfaction and proposals by authorities and organizational units under their supervision.

§ 2. (repealed)

§ 3. As a result of inspections and evaluations performed, the authorities referred to in § 1 shall strive to remedy the cause of dissatisfaction and to fully utilize the proposals in order to improve the operation of individual authorities and other state organizational units and social organizations.

 

Articles 22, 23 and 27 of the CAP regulate question of jurisdiction disputes between administrative bodies and between authorities of units of self-government and government administration authorities.

 

Article 22. [Jurisdiction]    § 1. Jurisdiction disputes shall be resolved by:

1)    in case of a dispute between authorities of units of self-government, except for cases specified in subsections 2–4 – a common authority of higher level, and in matters there is none – an administrative court;

2)    in case of a dispute between the heads of services, inspections, guards and brigades of combined administration of the same poviat, operating on their own behalf or on behalf of the starost – the starost;

3)    in case of a dispute between authorities of combined administration in one of voivodships, not specified in subsection 2 – the voivode;

4)    in case of a dispute between the authorities of units of self-government in different voivodships in matters pertaining to the government administration – ministers responsible for public administration matters;

6)    in case of a dispute between voivodes and combined administration authorities in different voivodships – the minister responsible for public administration matters;

7)    in case of a dispute between a voivode and non-combined administration authorities – the minister responsible for public administration matters after consulting the authority supervising the authority being in dispute with the voivode;

8)    in case of a dispute between public administration authorities other than those listed in subsections 1–4, 6 and 7 – common authority of higher level, and if there is none – the minister responsible for public administration matters; and

9)    in case of a dispute between public administration authorities if one of the authorities is a minister – the Prime Minister.

 

§ 2. Disputes between authorities of units of self-government and government administration authorities regarding the scope of their powers shall be resolved by an administrative court.

 

§ 3. The application to have the dispute resolved by the administrative court may be submitted by:

1)    the party;

2)    an authority of the unit of self-government or other public administration authority being in dispute;

3)    the minister responsible for public administration matters;

4)    the minister responsible for justice, the General Public Prosecutor;

5)    the Ombudsman.

 

Article 23. [Actions of the authority] Until the jurisdiction dispute has been resolved, the public administration authority in which territory the matter arose, shall undertake only those actions which are to be performed without delay due to the public interest or just interest of citizens and it shall notify thereof the authority competent to resolve the dispute.

Article 27. [Member of a collective authority]

§ 3. If as a result of the disqualification of its members, a self-government appeal board became incapable of deciding the matter, the minister responsible for public administration matters, by means of an order, shall designate another self-government appeal board to dispose of the matter.

The Law on Proceedings Before Administrative Courts gives the power to administrative courts to resolve jurisdictional disputes between local government authorities and between local government appellate boards (Art. 4).

 

Art. 4. Administrative courts shall resolve jurisdictional disputes between local government authorities and between local government appellate boards, unless a separate statute provides otherwise, and shall resolve disputes as to competence between local government authorities and government administration agencies.

 

Art. 5. Administrative courts shall have no competence in matters:

1) ensuing from organisational superiority or subordination in relations between public administration authorities;

2) ensuing from official submission of subordinates to superiors;

3) relating to refusal to appoint for an office or to designate to perform a function in public administration authorities, unless such obligation of appointment or designation ensues from the provision of law;

 

Issue No. 3 “Sufficiency of principles of administrative procedures and administrative proceedings and their system”