Simplified administrative proceedings

From Encyklopedia Administracji Publicznej

SIMPLIFIED ADMINISTRATIVE PROCEEDINGS – a type of → administrative procedure designed to limit the formalism of evidential procedure, quick handling of cases and wide availability of the procedure for various entities. The subject of examination in the s.a.p. can include uncomplicated cases in terms of facts and law, and their nature is generally defined in specific provisions. The procedures of simplified proceedings were introduced in Poland in the Code of Administrative Procedure and other procedural acts – tax law or the law on administrative enforcement proceedings. Settlement of the case in the s.a.p. should be immediate, no later than within one month from the date of the initiation of the proceedings. A characteristic of the s.a.p. is the limiting of the evidential procedure to the evidence reported by the party at the time of the initiation of proceedings. In s.a.p. a party may submit an application or by using the ready-made official form, either electronically or on paper that is available in the office, or by preparing the application by oneself. In cases recognized in the s.a.p. regulations on silent settlement (→ silence of public administration) are applied. However, if during the pending s.a.p. the party will indicate new circumstances relevant for the outcome of the proceedings, and their inclusion will lead to its extension, then the public administration body will continue the proceedings in the ordinary procedure (rather than simplified), and will immediately notify the party about it. The simplified mode outside Poland is applied in administrative proceedings also in Germany, France, the Netherlands, Sweden, Croatia, Greece, the Czech Republic, Italy or the USA. It mainly involves limiting the number of stages of proceedings, reducing the time limits for resolving a case, prohibiting the request of unnecessary certificates, or simplifying evidence procedures [E. Sękowska-Grodzicka ].

Literature: Z. Kmieciak, Koncepcja trybu uproszczonego w postępowaniu administracyjnym [The concept of simplified mode in administrative proceedings], „Państwo i Prawo” 2014, no. 8.