Introduction
An application submitted to an administrative authority, despite a certain degree of flexibility regarding its form or method of submission, must meet the requirements specified by law. If the application does not meet these requirements, it means that it contains so-called formal deficiencies.
In such a situation, the administrative authority requests the applicant to correct them. At the same time, it informs the applicant that failure to correct them will result in the application being left unexamined.
Regulations
The procedure for filing an application is regulated in Chapter 1, Section II of the Act of June 14, 1960, Code of Administrative Procedure.
Detailed explanation
Required elements of an application
Applications submitted to a public administration body (including requests, clarifications, appeals, and complaints) may be submitted in various ways.
For example, if they are in paper form, they may be delivered to the authority’s headquarters in person by the applicant or via a postal service. If they are in electronic form, they may be submitted to the authority’s electronic delivery address or via an account in the authority’s ICT system (if such a specific system has been established). In addition, although much less common nowadays, applications may be submitted via fax or orally for the record.
Depending on the form, the regulations specify the specific requirements that an application must meet in order to be considered. It must contain at least the name of the person submitting it, their address (or email address), a clearly defined request, and the submitter’s signature (or a qualified electronic signature, a trusted signature, and in the case of an oral submission—the signature of the office employee who prepares the record).
Formal deficiencies in the application and their correction
After the application is submitted, the administrative authority reviews whether the application contains any formal deficiencies—that is, defects that prevent the application from being processed. If the application does not meet the requirements set forth in the regulations (contains formal deficiencies), the administrative authority makes further processing contingent upon the deficiencies being corrected.
To this end, the administrative authority requests the applicant to remedy these deficiencies within a specified period of no less than 7 days from the date of delivery of the request.
The request must include the details of the administrative authority and the applicant, the purpose of the request (i.e., an indication of the deficiencies in the submitted application), the deadline by which the formal deficiencies must be corrected, and a notice that if the formal deficiencies are not corrected, the authority reviewing the case will terminate the proceedings and leave the application unexamined.
If the application does not include the applicant’s address and the administrative authority is unable to determine that address, and consequently cannot issue a request to remedy such a deficiency, the authority shall leave the application unexamined.
Only if all formal deficiencies in the application are remedied within the time limit specified in the request will the administrative authority proceed to consider the case.
If the formal deficiencies are not remedied or are remedied improperly (e.g., only partially), the administrative authority will not consider the application—in such a situation, the authority will leave the application unexamined.
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Not all deficiencies in an application are formal deficiencies. During the proceedings, the administrative authority may request a party to supplement the evidence if this is necessary to resolve the case. However, such a request will not result in the application not being considered, even if the party has not submitted the documents requested. |
