Appeal from the administrative decision

From Encyklopedia Administracji Publicznej

APPEAL FROM THE ADMINISTRATIVE DECISION – an instrument a party is entitled to of suing a decision issued in the first instance by a → public administration body, as well as another body or entity that, by law or on the basis of an agreement, decides individual cases by issuing an → administrative decision. It belongs to autonomous, absolutely suspensive and relatively devolutive measures. Administrative decisions are the basic way of resolving administrative matters, and a.f.a.d. is the most common means of appeal. The → administrative proceedings is of two instances, so the party is entitled to appeal from the decision issued in the first instance to another instance, but only from a non-final decision. A.f.a.d. is used to start the decision verification mode in the course of the instance. The essence of the verification of the decision is another substantive consideration and resolution of the administrative case. The appeal procedure can be initiated only as a result of appeal by the party, there is no possibility to initiate proceedings ex officio. The right to a.f.a.d. belongs not only the party who participated in the proceedings finalized with the decision, but also to the person who did not participate in the proceedings, but is a party within the meaning of c.a.p. The law sets a deadline for appeals, counting from the date of delivery of the decision to the party, and when the decision was announced orally – from the day it was announced. A.f.a.d. are submitted to the competent appeal body through the body which issued the decision; no detailed justification is required, it is sufficient if the appeal shows that the party is not satisfied with the decision issued. A.f.a.d. should meet the general requirements of the application provided for in the c.a.p. One can submit them in the following forms: written, telegram, teletype, fax or e-mail, as well as verbally for the record [ B. Springer ].

Literature: B. Adamiak, J. Borkowski, Polskie postępowanie administracyjne i sądowoadministracyjne [Polish administrative and court-administrative proceedings], Warszawa 2003.