Right to complaints and motions

Z Encyklopedia Administracji Publicznej

RIGHT TO COMPLAINTS AND MOTIONS – a constitutional right; everyone has the right to submit petitions, motions and complaints in the public interest, in his own interest or in the interests of another person – with his consent – to bodies and institutions of public authority, as well as to organisations and social institutions in connection with the performance of their prescribed duties within the field of public administration. The subject of the complaint (c.) may be, in particular, negligence or improper performance of tasks by the competent bodies or their employees, breach of the rule of law or interests of the complainant, and prolonged or bureaucratic handling of cases. The c. is submitted to the competent authorities for their consideration, which should be considered without undue delay, no later than within one month. The subject matter of the motion (m.) may be, in particular, a cases of improving the organisation, strengthening the rule of law, streamlining the work and preventing abuse, protection of property, meeting the needs in a better way. The m. should be submitted to the competent bodies based on its subject, which should be considered without undue delay, no later than within one month. In public administration institutions and social organisations and institutions that carry out public administration tasks, the reception and coordination of the handling of c. and m. is assigned to a separate organisational unit or to the nominated staff. C. and m. can be submitted in writing (also via telefax, e-mail) or verbally for the protocol. A petition (p.) can be submitted in the public interest, in the interests of the petitioner or the third party with his consent. Its subject may concern a request to change the law, a decision or other action in the case relevant for the applicant, collective life or values requiring special protection in the name of the common good falling within the scope of tasks and responsibilities of the addressee. P. should be submitted in writing or by electronic means, and should be processed without undue delay, no later than within three months from the date of submission [ I. Malinowska ].

Literature: P. Winczorek, Komentarz do Konstytucji Rzeczypospolitej Polskiej z dnia 2 kwietnia 1997 r. [Commentary to the Constitution of the Republic of Poland of April 2, 1997], Warszawa 2008 ■ H. Zięba-Załucka, Prawo petycji jako forma społeczeństwa obywatelskiego [The right to petition as a form of civil society], „Samorząd Terytorialny” 2011, no. 4.

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