On 1 June 2017 an amendment to the Code of Administrative Proceedings adopted by the Sejm (Lower Chamber of the Polish Parliament) on 7 April 2017 (Journal of Laws of 2017, item 935) comes into force. Among the most important changes are introducing of the principle of silent dispose of the matter and the principle of resolving of doubts in favor of the party (in dubio pro libertate).
It should be underlined that the decisions of public authorities in which doubts as to the interpretation have been resolved to the disadvantage of the parties, reduce the trust to the public authorities and the law. Therefore, where the interpretation of the rules leads to several possible outcomes, the administration will be required to issue an interpretation that is favorable to a party.
In turn, the institution of silent dispose of the matter is aimed at acceleration and simplification the administrative procedure and reduce its costs. New act introduced a legal fiction that the "silence" of the administration authorities after the statutory deadline for resolving a matter is deemed to be "resolved" in a way that fully meets the party's claim.
The changes to legal regulations will have a huge impact on the proceedings before the administrative bodies conducting proceedings under the provisions of the Code of Administrative Proceedings, including inter alia proceedings before the Patent Office of the Republic of Poland or the President of the National Health Fund.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.