Issue No. 29: Simplified (written) proceedings

Simplified administrative procedure and simplified administrative proceedings are known to Polish law. The former has been introduced to the Administrative Procedure Code in 2017 (Art. 163b – 163g). The latter is regulated in the Law on Proceedings Before Administrative Courts of 2002.

Simplified procedure.

 

The scope of this procedure covers matters falling within the scope of the Code of Administrative Procedure, i.e. those which may end with an administrative decision or tacitly; the simplified procedure does not therefore refer to matters ending with another legal form of action. Since the decision-making form is determined by special provisions - as well as the silent settlement of the case - the special provisions determine the scope of cases that may be covered by simplified procedure. In this case, the authority will not decide on its own whether to settle the matter in ordinary or simplified procedure. It is bound by the regulation of a special provision regarding the simplified procedure. The simplified procedure concerns non-contentious matters related to the legal interest or obligation of one party, unless specific provisions provide otherwise.

 

Article 163b. [Grounds for disposal of an administrative matter under simplified proceedings]

§ 1. The public administration authority shall dispose of the matter under simplified proceedings, if a specific provision so provides.

§ 2. Simplified proceedings may relate to a party’s legal interest or duty, unless a specific provision provides otherwise. The provision of Article 62 shall not apply.

§ 3. In a matter considered under simplified proceedings, the provisions on the disposal of the matter without notice by the authority shall apply, unless a specific provision provides otherwise.

Article 163c. [Official form] § 1. In simplified proceedings, a party may make an application using an official form, in which he states the circumstances material to the matter and presents evidence together with a request that proceedings be initiated.

§ 2. The official form shall contain the instruction in the wording provided in § 4.

§ 3. When the application is made using the electronic form, Article 63 § 3a does not apply.

§ 4. In a matter initiated by an application made using the official form, further demands of a party shall not be admitted at a later stage.

 

Article 163d. [New circumstances taken into account; effects to the proceedings] If the taking into account of new circumstances invoked by a party in the course of the proceedings may significantly affect the outcome of the proceedings and, consequently, extend the proceedings, the public administration authority shall continue the proceedings disregarding the provisions of this chapter, of which it shall inform the party immediately.

 

Article 163e. [Taking of evidence] § 1. Evidentiary proceedings shall be limited to evidence submitted by the party, including the demand to initiate the proceedings, as well as evidence which can be ascertained on the basis of data available to the authority conducting the proceedings.

§ 2. Article 81 does not apply to matters considered under simplified proceedings.

 

Article 163f. [Reasons of the decision issued under simplified proceedings]       The reasons of the decision issued under simplified proceedings may be limited to indicating the facts which the public administration authority considered as proved and to referring the provisions of law which constitute the legal basis for the decision.

 

Article 163g. [Orders in simplified proceedings    ] Orders issued in simplified proceedings may be challenged only in the appeal against the decision, except for orders rendered after the issuance of the decision, orders on the stay of the proceedings or refusal to lift the stay, and orders which may be appealed under specific provisions.

Simplified proceedings.

A case may be heard by the court in a simplified procedure in four situations ex officio and in two situations following an appropriate application. The provisions on simplified proceedings are an exception to the rule that court sessions are public and the decision-making court shall hear cases at trial, and, as a result, there is a separate procedure for their designation and manner of hearing the case. The chairperson of the court department, in closed session, shall decide about referring the case to a simplified procedure ex officio, in order of its registration, unless a special provision provides otherwise, and so it shall be done as in the case of other cases examined in the ordinary procedure. However, the rule of examining cases according to the order of receipt is separate for cases examined in the ordinary procedure and separate for cases examined in the simplified procedure. It will be up to the chairperson of the court department whether the simplified cases will be heard on an ongoing basis or in the order in which all cases are heard.

 

Art. 119. The case may be heard in accordance with the simplified procedure if:

1) the [administrative] decision or order has been affected by invalidity referred to in Article 156 § 1 of the Code of Administrative Proceedings or to other rules or have been issued in violation of the law which provides a basis for re­opening of the proceedings;

2) a party has requested that the case be referred for a hearing in accordance with the simplified procedure, and none of the other parties has demanded, within 14 days from the notification of the filing of the request, that a trial be con­ducted;

3) the subject of the complaint is an order made in administra­tive proceedings which is subject to an interlocutory appeal or concludes the proceedings as well as an order ruling on the merits of the case and orders made in enforcement pro­ceedings and proceedings to secure claims which are sub­ject to an interlocutory appeal;

4) the subject of a complaint is the failure to act or excessive length of proceedings.

5) a decision has been issued in simplified proceedings refer­red to in Section II Chapter 14 of the Act of 14^th June 1960 - Code of Administrative Proceedings.

Art. 120. The court shall hear cases in accordance with the simplified procedure in camera sitting with three judges.

Art. 121. The case may also be heard in accordance with the simplified procedure in the event referred to in Article 55 § 2.

Art. 122. The court hearing the case in accordance with the simplified procedure may refer that case to be heard at a trial.