A technical relic or a timeless communication device? Filing an application by fax in the general administrative proceedings

Abstract

The aim of the study is to present the issues related to submitting applications by fax to a public administration authorites in general administrative proceedings. This issue raised and continues to cause significant practical problems; it is also a source of divergent views in the doctrine and in the judicature of administrative courts. The significance of this method of communication in the general administrative procedure (introduced into the Code of Administrative Proceedings in the January 1, 1999) remains so relevant that the Act of November 20, 2020 on Electronic Delivery Service leaves fax as one of the methods of submitting an application. The application can also be sent via faxmodem or a fax server. I assume that in this case, the fax machine, as part of an IT tool, meets the conditions for being considered a means of electronic communication within the meaning of Art. 2 point 5 of the Act of 18 July 2002 on the provision of electronic services in connection with joke. 3 point 4 of the Act of February 17, 2005 on the computerization of the activities of entities performing public tasks.