Inadmissibility of the appeal

Detailed explanation

The admissibility of the appeal is assessed at the initial stage of the appeal proceedings after the appeal and the case file have been forwarded to the second instance body. The admissibility of an appeal is assessed by the second-instance authority.

The inadmissibility of an appeal may be of a subjective and subjective nature. That inadmissibility exists where it is established that the subject-matter of the appeal does not exist, where no administrative decision has been adopted in the case (for example, instead of a decision, a party has received a notice to leave its application unexamined, or where the contested decision has not been properly served, which has had negative consequences for the party, or where the appeal has been lodged before the start of the time limit for lodging an appeal) or where the decision has become final and final as a result of the waiver by all parties of their right of appeal.

Inadmissibility is subjective when, for example, an appeal has been lodged by a person who is not a party to the administrative procedure.

The inadmissibility of an appeal is declared by the second-instance authority by way of a decision which is final. This decision may be appealed to the voivodeship administrative court.

Where the appeal body finds that the appeal is admissible, it shall then proceed to assess whether the appeal has been lodged within the time limit. If the appeal is admissible and is lodged within the time limit, the appeal body shall proceed to the substance of the case. It does not then issue any order terminating the initial phase of the appeal proceedings.