No possibility of filing a complaint against the inaction of a competent authority, after the said authority has ended administrative proceedings and issued a final decision SK 100/22
Ref. No. SK 100/22
JUDGMENT
IN THE NAME OF THE REPUBLIC OF POLAND
Warsaw, 26 February 2025
The Constitutional Tribunal, composed of:
Bogdan Święczkowski – Presiding Judge
Michał Warciński
Rafał Wojciechowski
Jarosław Wyrembak
Andrzej Zielonacki – Judge Rapporteur,
having considered, at a sitting in camera on 26 February 2025 – in accordance with Article 92(1)(1) of the Act of 30 November 2016 on the Organisation of the Constitutional Tribunal and the Mode of Proceedings Before the Constitutional Tribunal (Journal of Laws – Dz. U. of 2019, item 2393) – Mr J.M.’s complaint lodged with the Constitutional Tribunal for it to consider the conformity of:
Article 149(1)(3) of the Act of 30 August 2002 on Proceedings Before Administrative Courts (Journal of Laws – Dz. U. of 2019, item 2325, as amended):
(a) insofar as it blocks the possibility of the substantive consideration of a complaint against the inaction of an administrative authority or against the lengthiness of proceedings, filed after the administrative authority has issued its decision, to Article 77(2) of the Constitution of the Republic of Poland, due to the lack of recourse to a court to assert infringed rights – the principle of the rule of law (Article 7 of the Constitution), as regards compliance with the statutory time-limit for resolving an administrative case, as set in Article 35(3) of the Administrative Procedure Code (Journal of Laws – Dz. U. of 2012, item 735, as amended) or in special provisions;
(b) insofar as it correlates the right to institute court proceedings with the conduct of an administrative authority, to Article 45(1) of the Constitution, due to depriving administrative-court proceedings, and thus also the administrative court, of the attribute of independence;
(c) insofar as it eliminates recourse to a court to assert infringed rights referred to in point (a) above, to Article 77(1) in conjunction with Article 77(2) of the Constitution, due to the lack of the possibility of obtaining a ruling determining the possibility of making a claim for the damage, which has been caused by an unlawful action of a public authority;
adjudicates as follows:
Article 149(1)(3) of the Act of 30 August 2002 on Proceedings Before Administrative Courts (Journal of Laws – Dz. U. of 2024, item 935, as amended) – construed in the way that it prevents the administrative court from the substantive examination of a complaint against the inaction of an administrative authority after the said authority has ended administrative proceedings by issuing a decision or another determination provided by law, even though the complaint against the inaction of the administrative authority had been filed before the party was served with the said decision or another determination – is inconsistent with Article 45(1) and Article 77(2) in conjunction with Article 77(1) of the Constitution of the Republic of Poland.
Moreover, the Tribunal decides:
to discontinue the proceedings as to the remainder.
The ruling was adopted by a majority vote.
Bogdan Święczkowski
Michał Warciński (dissenting opinion)
Rafał Wojciechowski (dissenting opinion)
Jarosław Wyrembak
Andrzej Zielonacki