Postanowienie/en

DECISION – an administrative act of an external nature, manifestation of the will of the competent administrative body. It is based on procedural law, its addressees can be both parties to the proceedings, as well as participants (e.g., witnesses). In the cases provided for by law, d. is subject to an appeal in the form of a complaint. Types of decisions: 1. strictly procedural, regarding issues emerging in the course of the proceedings, 2. procedural, affecting the further course of the proceedings, 3. relating to the substance or having material-legal effect (final – e.g., approval of the settlement), 4. issued outside the general administrative proceedings. The effects of a d. are diverse, individualised, dependent on the type of the d. Requirements to be met by the d.: designation of the public administration body and the date of issuance of the d.; designation of the party or parties or other persons involved in the proceedings; establishing a legal basis; decision; instruction on whether and in what mode the complaint or appeal to the administrative court serves it; signature with the name and official position of the person authorized to issuing a d. D. should contain factual and legal justification in the case when an appeal or complaint to the administrative court serves it, and if it was issued as a result of an appeal against the d. The provisions, from which the parties are entitled to appeal or complain to the administrative court, are served in writing or by using electronic means of communication (→ administrative proceedings, public public administration body,administrative court) [ B. Springer ].

Literatura: B. Adamiak, J. Borkowski, Polskie postępowanie administracyjne i sądowoadministracyjne, Warszawa 2003.