Principle of speed and simplicity of proceedings

Z Encyklopedia Administracji Publicznej

PRINCIPLE OF SPEED AND SIMPLICITY OF PROCEEDINGS – a general principle of the c.a.p.: public administration bodies should act in a given case insightfully and quickly, using uncomplicated means that will lead to its settlement. If the case does not require collecting evidence, information or explanations, it should be dealt with without delay. This principle is closely related to the → principle of the rule of law and → the principle of inspiring participants of proceedings with trust to public authorities. In implementing it, the public administration body cannot infringe the → principle of objective truth. Summary mode may not result in a situation in which the facts of the administrative case are not properly identified. The implementation of this principle cannot lead to violation of the provisions of the c.a.p. The regulations specify precise deadlines for subsequent actions of the proceedings, for example a time limit on the summons and an announcement on the administrative hearing (at least seven days). The provisions on the so-called legal assistance and asking the participants of the proceedings to take legal action remain in agreement with the principle of simplicity (economy) of the proceedings. The implementation of this principle cannot lead to the omission of specific forms of conduct. No exceptions to the procedural standards contained in c.a.p. result from this rule [ E. Zielińska ].

Literature: Postępowanie administracyjne [Administrative proceedings], ed. T. Woś, Warszawa 2017.

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