Inactivity of public administration
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INACTIVITY OF PUBLIC ADMINISTRATION (inactivity of public administration’s body) – proceedings of public administration body involving omission of acting where the state of affairs in conjunction with the legal status requires it. The inactivity in → administrative proceedings is considered in situations: 1. when the body did not take any action in the case (both inaction and refusal to act) in the legally prescribed time limit; 2. when the body, in the course of the pending proceedings, despite being legally obliged, did not finalize it by issuing a decision, an order or any other act. To determine whether an administration is “inactive” in dealing with a given case, the time period prescribed in the rules for carrying out the activity in a particular case is relevant. Exceeding a specific time limit for performing an action or not taking it at a specified time (e.g., the lack of resolution of a case by issuing a final administrative decision, order or other act) means inactivity. The deadline for completing the case depends on the degree of its complexity. A case that can be settled on the basis of the evidence provided by the party together with the request for initiation of proceedings or on the basis of facts and evidence commonly known to the administrative body should be settled without undue delay. If the case requires an investigation, the time limit for processing the case is one month and, in special cases of more complicated case – no more than two months from the date of the initiation of the case. In appeal proceedings, the administrative body has one month to settle the case, counting from the date of receipt of the appeal. However, these periods do not include periods of conducting activities prescribed by law, suspension of proceedings or delays caused by the fault of the party. These terms also do not include the duration of mediation, if any occurs, in the proceedings. A party to the proceedings may file a → reminder in an instance procedure, against an administrative body that has been inactive E. Sękowska-Grodzicka ].
Literature: J. Borkowski, Prawne problemy bezczynności i przewlekłości w działaniu administracji [Legal problems of inactivity and protractedness in administration’s actions], [in:] Wpływ UE i Rady Europy na postępowanie administracyjne w Czechach i Polsce [The influence of the EU and the Council of Europe on administrative proceedings in the Czech Republic and Poland], ed. M. Harakova, M. Tomaszek, Berno 2010 ■ K. Samulska, Zasada szybkości postępowania administracyjnego w prawie polskim [The principle of speed of administrative proceedings in the Polish law], Warszawa 2017 ■ J. Zimmerman, Prawo administracyjne [Administrative law], Warszawa 2010.