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New regulations of Polish Administrative Law

The Amendment of the Code of the administrative conduct and laws – The Law about conducting in front of the administrative courts. (Journal of Laws No 6,  pos. 18) i.e. Information for all interested in obtaining Polish citizenship and Polish passport

Soon (April 11) there will be a new amendment of the act Code of the Administrative Conduct, which will be crucial for people interested in acquiring the certificate of the Polish citizenship or gaining the Polish citizenship. The most crucial things about this topic are two elements included in the above amendment:

- introducing the duty to appoint the plenipotentiary or the plenipotentiary of deliveries for people living outside of the RP   

- specifying the issues of the conduct’s time in front of the administration bodies.

Because the issues about certifying or acquiring the Polish citizenship sometimes last a long time, for people interested in obtaining the Polish citizenship and Polish passport it is profitable to introduce the possibility to sue for the excessive and long-lasting unjustified lengthiness of the conduct of the proceedings. This institution – complaining about the lengthiness of proceedings to the higher body – should in the legislator’s mind prevent the ineffectiveness of proceedings by bodies conducting the proceedings displayed in taking up actions in too long periods of time and also in taking up surface actions, with no effect on the matter’s result or with no connection to the matter.

At the same time, the bodies of public administration, which do not keep the date specified in the law concerning the matter’s settlement (the resolution of the administrative matter should happen no longer than in the time of one month, and in matters especially complicated in the time of two months) will be obliged to inform the parties about this fact and provide the reasons of the delay and specify the date of the matter’s settlement.

However, a duty of appointing the plenipotentiary or the plenipotentiary of deliveries introduced by an Code of the Administrative Conduct amendment is crucial for people living outside the RP and trying to get the certificate of having thePolish citizenship and Polish passport. If a person acting with the application to certify the Polish citizenship to the administrative bodies doesn’t complement this duty, the documents destined for him will remain in the matter’s files with the effect of delivering, and the party will be informed about this during the first delivery. This change will have a crucial meaning for people applying through the RP consulates, because they will directly extort the right to a professional legal representation or at least to find the plenipotentiary of deliveries living in the RP.