Reminder

Detailed explanation

If the case can be dealt with on the basis of evidence submitted with the application or on the basis of circumstances generally known or known to the authority ex officio, the administrative authority is obliged to settle it without undue delay.

A case requiring an investigation (e.g., gathering additional evidence) should be settled within one month from the date of initiation of proceedings or receipt of an appeal (on appeal). Within 2 months, the administrative body should consider a particularly complicated matter. In some cases, special Regulations may specify different deadlines for settling the case.

A reminder not to settle the matter within the specified regulations or deadline or for the protracted conduct of the proceedings (submitted in writing, by means of electronic communication or orally to the minutes) should contain a justification.

They shall be submitted to a higher authority through the investigating authority. The authority dealing with the case shall forward the reminder together with the necessary copies of the case file to the higher authority within 7 days of its receipt. The case at that time is simultaneously considered on the basis of the original files. Along with the reminder, the authority dealing with the case shall also refer to the justification for the reminder.

The higher authority considers the reminder within 7 days from the date of its receipt and issues a decision in which it states whether the authority examining the case has committed inaction or excessive length. If so, they consider the reminder to be justified, sets a deadline for the first-instance authority to consider the case (if the proceedings are pending), determines whether the authority dealing with the case has committed a gross violation of the law and orders an explanation of the reasons and the determination of those guilty of inaction or excessive length. If a higher authority considers the reminder to be unjustified, it issues a decision explaining its position.

There is no right to appeal against the decision on the reminder. They are also not subject to a complaint to the voivodeship administrative court (see: Appeals).

If there is no higher authority, the reminder shall be considered by the authority conducting the proceedings. In such a situation, this body does not issue a decision, but, if it finds inactivity or excessive, it immediately settles the matter and orders an explanation of the reasons and determination of those guilty of inaction or prolongation.

The authority that is considering the reminder may also issue another decision setting a longer deadline for settling the case in a situation where new circumstances or evidence relevant to the case come to light, which were not known at the time of setting the first deadline for the end of the proceedings, and which require an extension of the deadline for considering the case.

The situation in which the authority dealing with the case leaves the application unexamined (see: Leaving without consideration) is also inaction of the authority and the party may submit a reminder to a higher authority, questioning the correctness of leaving the application unexamined. In the event that there is no higher-level authority, the party may, after prior referral to the authority that left the application unexamined, lodge a complaint against inaction with the voivodeship administrative court.