Introduction
An administrative body should conclude proceedings within the time limit specified by law. If this is not possible, it should inform the party of the reasons for the delay, set a new deadline for resolving the matter, and inform the party of their right to file a motion for expedited action.
An appeal is a legal remedy intended to expedite the conclusion of proceedings that, in light of the law, are taking too long.
A party files a motion for expedited action when it believes that the administrative authority is failing to act on its case—has not resolved the matter within the time limit specified by law or within a subsequent deadline it has set itself, or is conducting the proceedings for longer than is necessary to resolve the matter, and thus is handling the case in a protracted manner.
Regulations
The issue of reminders is governed by the provisions of Chapter 7, Section I of the Act of June 14, 1960—the Code of Administrative Procedure.
Detailed explanation
Timeframes for processing the case
Without undue delay
- a case that can be decided based on the evidence submitted with the application;
- a case that can be decided based on circumstances that are generally known or known to the authority ex officio.
1 month
- a case that requires an investigative proceeding (e.g., gathering additional evidence). The time limit begins on the date the proceeding is initiated or the appeal is received.
2 months
A particularly complex case should be resolved within this timeframe.
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In some cases, specific provisions may set different deadlines for resolving a case (e.g., Articles 112a and 210 of the Act on Foreigners). You will find information on the timeframe for processing the case in the details of each procedure carried out at the MOS. |
Ways to file a request for expedited processing
A request for expedited processing regarding the failure to resolve a case within the timeframe specified by law or within a designated timeframe, or regarding the protracted conduct of proceedings, shall be submitted in the manner prescribed for applications addressed to public administration bodies. When submitting a request for expedited processing, you must ensure it is properly justified.
The reviewing authority
It is submitted to a higher-level authority through the authority conducting the proceedings. The reviewing authority forwards the request for expedited action, along with the necessary copies of the case file, to the higher-level authority within 7 days of receiving it. During this time, the case is simultaneously reviewed based on the original case files. Along with the request for expedited action, the reviewing authority also addresses the justification provided for the request.
Review of the appeal and remedies
The higher-level authority issues a decision within 7 days of receiving the appeal, stating whether the authority handling the case has been negligent or has caused undue delay.
| If the authority finds the request for expedited action to be justified | |
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⇒ it sets a deadline for the first-instance authority to resolve the case (if the proceedings are ongoing), determines whether the authority handling the case committed a gross violation of the law, and orders an investigation into the causes and identification of those responsible for the inaction or delay. If there is no higher-level authority, the authority conducting the proceedings reviews the request for expedited action. In such a situation, that authority does not issue a decision but, if inaction or delay is found, immediately resolves the matter and orders an investigation into the causes and the identification of those responsible for the inaction or delay. |
| If the authority considers the request for expedited action to be unjustified | |
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| ⇒ the authority issues a decision explaining its position. This decision is not subject to appeal or complaint to the provincial administrative court (see: Remedies). |
| If new evidence or circumstances come to light | |
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| The authority may issue a subsequent decision setting a longer deadline for resolving the matter if new circumstances or evidence relevant to the case come to light that were unknown at the time the initial deadline for concluding the proceedings was set, and which require an extension of the deadline for reviewing the case. |
Leaving an application unexamined and inaction by the authority
A situation in which the authority examining the case leaves the application unexamined (see: Leaving an application unexamined) also constitutes inaction on the part of the authority, and the party may file a request for expedited action with a higher-level authority, challenging the propriety of leaving the application unexamined.
Furthermore, after first filing a complaint with the authority that left the application unexamined, the party may file a complaint regarding inaction with the provincial administrative court.
