INFORMATION OBLIGATIONS OF PUBLIC ADMINISTRATION BODIES REGARDING THE INSTITUTION OF WAIVING THE RIGHT TO APPEAL – GLOSS TO THE JUDGMENT OF THE VOIVODSHIP ADMINISTRATIVE COURT IN SZCZECIN FROM MARCH, 25 2021, II SA/SZ 808/20

Abstract

This gloss is of an approving nature and concerns the fulfillment of the information obligation towards the parties to administrative proceedings by public administration bodies in connection with the waiver of the right to appeal. This institution, concisely regulated in art. 127a of the Code of Administrative Procedure, from the moment it becomes effective, it raises a number of interpretation doubts. They refer not only to the parties’ declaration of waiver of the above-mentioned right, but also the deadline for its submission or the possibility of withdrawing it before the deadline for appeal. These doubts led to divergent views in the doctrine and judicature. This, in turn, creates a state of legal uncertainty for the parties to the proceedings. The administrative judiciary is trying to rectify this, a good example of which is the voted judgment. In this judgment it was rightly argued that if the mental development or health condition indicates that the information obtained by a party about the possibility and consequences of waiving the right to appeal did not arrive in an appropriate manner, the public administration authorities are obligated to take all steps which will cause the party to accept the information. The gloss emphasises that the authority, instructing the party about its right to waive the right to appeal, may not limit itself to the general indication of the effects of the decision obtaining the final and validity of the decision, but should also inform the party that the submission of such a declaration they deprive it of the possibility to lodge a complaint to an administrative court.