Detailed explanation
Personal Action
In cases specified by law, a party is required to act on its own behalf without the possibility of being represented by an attorney.
The obligation for a party to act personally may arise from specific provisions (e.g., the requirement for a foreign national to appear in person upon summons following the submission of an application for a residence permit in Poland via the MOS), or it may be imposed by the administrative authority conducting the proceedings if the circumstances of the case so require (e.g., the need to provide explanations for the record).
The obligation for a party to act in person should be clearly stated in the law or in a notice from the administrative authority addressed to the party. In other cases, the party has the right to act through a representative.
Granting Power of Attorney
A person with legal capacity, including a relative of the party, may act as a representative. A representative acting on behalf of a party may also be a professional representative, i.e., a legal advisor or attorney. A patent attorney and a tax advisor may act as a party’s representative only in specific proceedings and before authorities designated in specific regulations.
The power of attorney must be granted in writing, in paper or electronic form, or be recorded orally in the minutes. The case file should contain the original or a certified copy of the power of attorney.
A party also has the right to appoint several representatives. The power of attorney should be granted to a specific person in a manner that leaves no room for doubt. It is also possible for a party’s appointed attorney-in-fact to grant a sub-power of attorney, but this possibility must be explicitly provided for in the power of attorney granted to them. At the same time, an attorney-in-fact who is a lawyer or legal advisor may appoint a substitute attorney-in-fact.
It should also be noted that in connection with the granting of a power of attorney to a specific person, a stamp duty of PLN 17 must be paid. Failure to pay this fee does not suspend the proceedings. However, the administrative authority reports the failure to pay the stamp duty to the competent tax authority.
The content of the power of attorney also defines its scope—it may therefore specify the authorities before which the attorney-in-fact represents the party, as well as the actions the attorney-in-fact may take on the party’s behalf.
Service of Correspondence
Once a representative has been appointed in the case, they should be notified of all actions taken during the proceedings. Failing to notify them is equivalent to failing to notify the party in the proceedings.
If more than one attorney is appointed, service of documents in the proceedings should be made to one of them. The party has the option of designating the attorney who will be responsible for receiving service.
Revocation of Power of Attorney
At any stage of the proceedings, a party has the right to revoke a power of attorney. The attorney-in-fact also has the right to terminate the power of attorney.
These actions are effective only once the administrative authority has been notified of them. Until then, the administrative authority is required to assume that the party is represented by the specific representative.
