Encyklopedia Administracji Publicznej MW Pivot Skin

REMINDER IN ADMINISTRATIVE PROCEEDINGS – a form of appeals to inactivity and lengthiness of → administrative proceedings. Only a party to the administrative proceedings may submit a r. The party may take advantage of the right to submit a r. on the action of administrative body if the case is not resolved within the time prescribed by law (→ inactivity) or conducted proceedings take longer than necessary to settle the case (→ protractedness). By submitting the r., the party indicates what it considers to be the slowness of the administrative body in the specific administrative proceeding. The r. should be submitted to the higher body directly or through the body guilty of delayed or protracted proceedings. Submitting a r. gives the body examining the complaint the right to issue an administrative act binding the lower body in the proceedings in the case. The body examining the r. in the pending proceedings determines whether the body of the first instance has committed inactivity or the protractedness of the proceedings, and in case any one of them is found, orders the explanation for the reason of their occurrence and determines the persons responsible for the sluggishness/omission. Where the subject-matter of the r. is the proceeding still not yet completed by the body of the first instance, the examining body may set a time-limit for its completion. If necessary, the body examining the r. may also take measures to prevent the occurrence of similar irregularities in the future. A decision on the reminder issued by the higher body is subject to an appeal by the party to the proceedings to the administrative court [ E. Sękowska-Grodzicka ].