Inadmissibility of the appeal | Moduł Obsługi Spraw

Introduction

Upon receiving an appeal against an administrative decision from the first-instance authority, the appellate authority, before examining the merits of the case, first assesses whether the formal requirements for the appeal have been met (information on formal deficiencies: open link), and then determines whether the appeal is admissible.

The inadmissibility of an appeal means that it cannot produce legal effects.

Provisions

Article 134 of the Act of June 14, 1960—Code of Administrative Procedure. This provision applies both in the case of an appeal and in the case of a complaint.

Detailed Explanation

The admissibility of an appeal is assessed during the preliminary stage of the appellate proceedings, after the appeal and the case file have been forwarded to the appellate court. The appellate court assesses the admissibility of the appeal. This assessment may be substantive or procedural.

	Substantive inadmissibility of the appeal
Substantive inadmissibility occurs when it is determined that the subject matter of the appeal does not exist: when no administrative decision has been issued in the case (for example, instead of a decision, the party received a notice that their application was left unexamined, or in a situation where the contested decision was not properly served, which had negative consequences for the party, or in a situation where the appeal was filed before the appeal period began) or when the decision has become final and binding as a result of all parties waiving their right to appeal.

Substantive inadmissibility of the appeal

Substantive inadmissibility occurs when it is determined that the subject matter of the appeal does not exist:

when no administrative decision has been issued in the case (for example, instead of a decision, the party received a notice that their application was left unexamined, or in a situation where the contested decision was not properly served, which had negative consequences for the party, or in a situation where the appeal was filed before the appeal period began) or
when the decision has become final and binding as a result of all parties waiving their right to appeal.

	Subjective inadmissibility of an appeal
	Subjective inadmissibility occurs, for example, when an appeal is filed by a person who is not a party to the administrative proceedings.

The second-instance authority determines the inadmissibility of the appeal by means of a ruling, which is final. An appeal may be filed against this ruling with the provincial administrative court.

If the appeal is admissible and was filed within the time limit, the appellate authority proceeds to the substantive review of the case. In such a case, it does not issue any decision concluding the preliminary phase of the appellate proceedings.

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Introduction

Provisions

Detailed Explanation