Administrative law
Have you received a decision you disagree with? Depending on the type of case, you may have 7, 14 or 30 days to challenge it. The clock starts running on service, so it is not worth waiting.
What I do
- Appeals against decisions. I prepare appeals to the higher-instance authority. As a rule you have 14 days from service of the decision.
- Complaints to the administrative court. I prepare complaints to the Voivodeship Administrative Court once the appeal procedure has been exhausted. The deadline is usually 30 days.
- Representation before authorities. I represent you in proceedings before central and local government authorities.
- Failure to act and excessive length of proceedings. I prepare a formal reminder and then, if necessary, a complaint to the administrative court.
- Environmental decisions, development condition decisions, permits.
In administrative matters the deadlines decide
Administrative cases are often lost not for want of arguments but through a missed deadline. For an appeal against a decision you usually have 14 days from its service, and for a complaint to the Voivodeship Administrative Court usually 30 days from service of the second-instance authority’s ruling.
It is not worth waiting until the last moment. Once the deadline has passed, even a flawed decision may become final.
If you have received a decision you disagree with, contact me the same week. Reinstatement of a deadline is possible only exceptionally. It has to be shown that the deadline was missed through no fault of your own.
What it costs
You can choose one of two forms of billing: an hourly rate or a flat fee agreed up front. We settle the billing method before the work starts, so that it is clear from the outset what costs you need to reckon with.
If the case goes to the Voivodeship Administrative Court, a court fee on the complaint will also have to be paid. Depending on the type of case this may be a fixed fee or a fee based on the value of the subject of the challenge. Before we file the complaint, I will tell you what fee will be appropriate in your case.
If you win, the court may order the authority to reimburse the costs of the proceedings. You need to bear in mind, however, that the costs of legal representation are usually set according to the rates laid down in the regulations, and not on the basis of the full fee agreed with your attorney. In practice they may therefore cover part of my fee, but not always all of it.
Before the case starts I will explain what costs you need to reckon with, what additional expenses may arise later, and whether there is a realistic chance of recovering them.
Frequently asked questions
I received a decision from a Polish authority and I disagree. How long do I have?
In standard administrative proceedings, the usual time limit for an appeal is 14 days from service of the decision. Some authorities and special regulatory procedures follow different rules, so the appeal instructions included in the decision must always be checked. Once the administrative route has been exhausted, a complaint to an administrative court is generally subject to a 30-day deadline.
The authority is not deciding my case at all. What can I do?
Polish administrative procedure provides a formal remedy called a ponaglenie where an authority is inactive or conducts proceedings excessively slowly. If the delay continues after the required procedural steps, it may also be possible to complain to the administrative court. The court can examine whether the authority was inactive and, in appropriate cases, require it to act.
My company was fined by a Polish authority. Can we appeal?
Usually yes. Administrative fines can generally be challenged through the appeal procedure applicable to the authority that issued the decision, and final administrative decisions can often be reviewed by an administrative court. The deadline and appeal route depend on the regulator and the statutory basis of the fine, so the instructions attached to the decision should be checked immediately.
Can you represent my company before Polish authorities without me being there?
Usually yes. A company can normally appoint a Polish lawyer to submit documents, communicate with the authority, review the file and participate in the proceedings under a power of attorney. Personal attendance may still be required for specific evidence or procedures, but it is not the rule in ordinary business-related administrative matters.
What does a case before the administrative court cost?
There is no single court fee. Where the dispute concerns a monetary amount, the statutory filing fee is calculated using rates of 4%, 3%, 2% or 1% depending on the amount in dispute, subject to statutory minimums and a maximum of PLN 100,000; many non-monetary complaints instead carry fixed fees, commonly PLN 100-500. Certain regulated licences and permits carry higher fixed fees, so the exact amount depends on the type of decision being challenged.
Describe your case in three sentences. I will tell you whether I can help.
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