Appeals

Detailed explanation

The appeal/complaint must be lodged with a higher authority than the first-instance authority through the authority that issued the decision/order.

If the appeal is lodged directly with the appeal body, bypassing the body that issued the contested decision, the second-instance body is obliged to forward the appeal to the first-instance body. The first-instance authority can thus uphold the appeal and issue a new decision in the self-control mode (such a decision can be appealed again by appeal). However, if the first-instance authority considers that there are no grounds for setting aside or amending the contested decision, it is obliged to forward the appeal/complaint together with the case file to a higher authority (second-instance authority) within 7 days from the date of receipt of the appeal/complaint.

The appeal body first assesses whether the appeal/complaint does not contain formal deficiencies (See: Formal deficiencies).

It then examines whether an appeal is admissible (See: Inadmissibility of the appeal).

It then checks whether it has been filed within the time limit.

The time limit for lodging an appeal runs from the date of service of the decision/order on the party (See: Service). An appeal must be lodged within 14 days from the date of notification of the decision and an appeal within 7 days from the date of service of the decision. The date of delivery of the decision is not included in the time limit. If the deadline for lodging an appeal/complaint ends on a public holiday or on a Saturday, the time limit for doing so expires on the first weekday following those days.

The appeal/complaint does not require a detailed explanation. However, it should show that the party is not satisfied with the decision issued. However, it should be remembered that the Regulations of the Code of Administrative Procedure specify the method of filing an application (which is also an appeal and a complaint) and specify the elements that the application (i.e., among others an appeal or complaint) should contain. If the application does not meet the requirements set out by law, i.e., it contains deficiencies that have not been removed as a result of the request – the authority examining the application will not consider it (See: Leaving it unexamined).

A Party may also, during the time limit for lodging an appeal, waive the right to appeal against the authority which issued the decision. In this case, the decision of the first-instance authority becomes final within 14 days from the date of its delivery.

An appeal lodged within the statutory time limit suspends the implementation of the contested decision, except where the decision has been made immediately enforceable. On the other hand, lodging an appeal does not suspend the implementation of the order. However, the authority which issued the decision may suspend its execution if it considers it justified.

As a result of filing an appeal, the second-instance body reconsiders the case resolved by the decision of the first-instance body, i.e., reassess the evidence collected before the first-instance body. The appeal body may also carry out the supplementary taking of evidence itself and take account of the new circumstances of the case before taking its decision. They may also, in a situation where the first-instance authority has violated the Regulations of the administrative procedure, and the scope of the case necessary to clarify has a significant impact on its resolution, refer the case for reconsideration.

Thus, the second instance issues a decision in which:

  • upholds the contested decision (i.e., considers that the decision of the first-instance authority was correct), or

  • annuls the contested decision in whole or in part and decides on the merits of the case (i.e., considers that the original decision was issued in violation of the Regulations and that the second-instance authority has a different view from the first-instance authority) or,

  • by revoking the decision, it discontinues the proceedings at first instance as devoid of object or discontinues the appeal proceedings (See: withdrawal of the appeal).

An extraordinary appeal, i.e., an application for reopening of the proceedings and an application for annulment of a decision (order), is possible if the administrative procedure has ended and the decision in the case (or order) has become final.

As a result of filing such an appeal, the final decision (order) is subject to verification in order to eliminate the defective decision from legal circulation. The procedures for reviewing decisions are not used interchangeably. The law defines the specific circumstances on which the reopening of the proceedings or the annulment of the decision is based.

These two modes also have different consequences: as a result of the resumption of the proceedings, the defective decision is annulled, and the case is re-examined on its merits. If the annulment procedure is applied – the appeal body has the possibility to issue a decision eliminating the decision from legal circulation (similarly a decision). In such a situation, the contested decision has no legal effect at all. Where it is not possible to reopen the proceedings or annul the decision, the law also provides for the possibility of revoking or amending the final decision (See: amendment of the decision).

It should also be mentioned that the appeal body cannot change the decision already issued in the first instance to the extent that was beneficial to the party, i.e., by issuing a decision, may not worsen the situation of the appellant, unless the decision of the first-instance authority grossly violates the law or the public interest.

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