Administrative settlement

From Encyklopedia Administracji Publicznej

ADMINISTRATIVE SETTLEMENT – a way of handling an administrative matter; the Polish law distinguishes two types: s. between the administration body and the party to the proceedings and s. between the parties to the proceedings before the administration body. In the latter case, the administration body plays the role of both the entity before whom the s. is made, as well as the body authorizing the s. Once approved by the administration body, the s. has the same effect as the → administrative decision in a particular case. In the Polish administrative law the s. is made between the parties to the proceedings before the administration body, but it is not a very common solution. Since 2017, mediation has been introduced in the c.a.p. as a new instrument to settle a case amicably. The s. can only be made during the → administrative proceedings in the pending case, both before the body of the first instance and in the appeal proceedings. The subject of the s. must concern the legal interest or obligation of the parties to the proceedings and should allow the possibility of negotiation as to the outcome of the case. The administration body is responsible for the content and form of the s. The content of the settlement records the reciprocal rights and obligations of the parties. When approving the s. the administration body adjudicates the accepted resolution. The settling of a case through s. is recorded in the files of the case. The s. becomes executable when it becomes final. If during the pending proceedings the parties fail to reach an agreement and thus do not settle the case, the matter will be resolved by the administrative body through an administrative decision. If the s. is made in the appeals proceedings, the decision of the body of the first instance is repealed as of the date when the decision issued by the appeal body becomes final (→ principle of amicable settling of disputes) [ E. Sękowska-Grodzicka ].

Literature: J. Harczuk, Ugoda w postępowaniu administracyjnym [Settlement in administrative proceedings], „Monitor Prawniczy” 2001, no. 16 ■ K. Celińska-Grzegorczyk, R. Hauser, W. Sawczyn, A. Skoczylas, Postępowanie administracyjne, sądowoadministracyjne i egzekucyjne [Administrative and court-administrative proceedings], Warszawa 2011.