Introduction
Administrative proceedings are initiated ex officio or at the request of a party. If a party files a request, there may be valid reasons why the administrative authority refuses to initiate proceedings in the matter.
Provisions
The issue of refusal to initiate administrative proceedings is regulated in Chapter 1 of Title II of the Act of June 14, 1960—the Code of Administrative Procedure.
Detailed explanation
Date of Initiation of Administrative Proceedings
The date of service of the request on the administrative authority is considered the date of initiation of the proceedings, and thus the moment at which the proceedings begin. If the request is filed electronically, the date of initiation of the proceedings is considered to be the date on which the request is entered into the administrative authority’s information system.
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The administrative authority notifies the party of the initiation of the proceedings to enable the party to participate in the proceedings. |
Decision to Refuse to Initiate Proceedings
If the administrative authority determines that, for justified reasons, proceedings cannot be initiated, it issues a decision refusing to initiate proceedings. The party may file a complaint against such a decision (information on remedies—open link).
Grounds for refusing to initiate proceedings
Situations that clearly and unambiguously constitute an obstacle to initiating proceedings should be considered valid grounds for refusing to initiate proceedings.
One such obstacle is a request filed by a person who is not a party—that is, a situation where a person whose legal interest is not affected requests the initiation of proceedings. The general provisions of administrative procedure do not specify any other obvious grounds, apart from the one mentioned, for refusing to initiate proceedings; therefore, each case is treated individually.
Another example of a situation in which a refusal to initiate proceedings is justified is the existence of a final decision in legal circulation that has already resolved the matter in question, a situation where proceedings are already pending before an administrative authority regarding the matter, or a situation where there is no legal basis whatsoever for considering the request through administrative proceedings. However
, if the issue of the inadmissibility of initiating proceedings is not obvious at the time the application is filed, or if obstacles to initiating proceedings come to light only later, the administrative authority is obligated to conduct the proceedings and, after clarifying all doubts, to discontinue such proceedings—that is, to terminate them without a substantive decision.
The grounds for refusing to initiate administrative proceedings may also be provided for in the statutes governing the specific matters handled in such proceedings. Examples include, among others, Article 99 or Article 116 of the Act on Foreigners in the case of applications for a temporary residence and work permit.
